*Re Loughlin (application for judicial review (Northern Ireland))

Sentence – Custodial sentence. Section 74 of the Serious Organised Crime and Police Act 2005 required that, before deciding to refer a sentence passed on an assisting offender back to the original sentencing court, a prosecutor had to be satisfied that the assisting offender had knowingly failed to comply with the terms of the agreement made with the prosecuting authorities and that a reference was in the interests of justice. The Supreme Court held that, in the light of s 74, the deputy Northern Irish Director of Public Prosecutions had not only been entitled to approach the matter as she had done, but had been obliged to do so.

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