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Sentencing – Competency. High Court of Justiciary: In an appeal against sentence in which the principal point taken was whether it was within the sentencing judge's competence or jurisdiction to make an order under s 16 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 in respect of a sentence imposed by a court in England and Wales, the two judge court concluded that the issues called for consideration by a larger bench but set out what appeared to it to be some relevant considerations affecting the competency point raised by the appeal.
Sentencing – Competency. High Court of Justiciary: In an appeal against sentence in which the principal point taken was whether it was within the sentencing judge's competence or jurisdiction to make an order under s 16 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 in respect of a sentence imposed by a court in England and Wales, the two judge court concluded that the issues called for consideration by a larger bench but set out what appeared to it to be some relevant considerations affecting the competency point raised by the appeal.
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