Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Administration definition

What does Administration mean? Administration is a corporate insolvency procedure used to protect and stabilise a financially distressed company while an independent insolvency practitioner (the administrator) takes control to pursue rescue or a better return to creditors than liquidation. It is a statutory process in England and Wales and Scotland under the Insolvency Act 1986, Schedule B1, and in Northern Ireland under the Insolvency (Northern Ireland) Order 1989, Schedule B1. Key features include an immediate moratorium on most creditor enforcement, displacement of the directors’ management powers, and appointment either by court order or out of court by the company, its directors or...

Sentencing duties in England and Wales: following guidelines, giving reasons, explaining effect, appeal consequences, and ECHR Article 7

Published by a LexisNexis Corporate Crime expert

Practice notes

This Practice Note sets out the procedural framework for sentencing offenders in England and Wales and should be read alongside Practice Note: Sentencing Code.

Duty to follow sentencing guidelines

When passing sentence, every court is obliged to apply any sentencing guideline that is relevant to the offender’s case, unless the court judges that doing so would not be in the interests of justice.

In R v Malik, the Court of Appeal emphasised that these duties are not for their own sake but exist because they serve the interests of justice. They foster certainty and consistency as between different judges, and they also enable all concerned, including the public, to understand why courts have reached the decisions that they have.

This, in turn, helps to maintain public confidence in the Administration of justice. Moreover, the duties assist this Court in discerning both why and how a particular sentencing decision was reached.

The Sentencing Council (SC) has published offence-specific guidelines for courts sentencing various offences. These guidelines are available on the SC’s website, set out separately as individual offence-specific guidelines for the magistrates’ courts and for the Crown Courts...

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Web page updated on 21/05/2026

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