[2013] UKSC 4

The Supreme Court determined the extent to which the Court of Appeal (Civil Division) had power to review and alter a custodial sentence imposed by the Special Immigration Appeals Commission for contempt of court. Where the Court of Appeal concluded that the sentence had been reached on a flawed basis, that did not make it necessarily wrong, but it had to ensure that a de novo assessment occurred. It could perform the assessment itself; it did not have to remit the case to the sentencing court unless a fresh investigation of new facts was required.

SC (Lord Neuberger (President), Lady Hale JSC, Lord Kerr JSC, Lord Sumption JSC, Lord Carnwath JSC)

30/01/2013