Section 114(2) of the Sentencing Act 1991 does not require a sentencing judge to apply a reduced maximum penalty that existed during an intervening period between the offence and sentencing, where the maximum at the time of the offence is the same as at the time of sentencing. Even if 'current sentencing practices' in s 5(2)(b) refers to practices at the time of sentencing, the Court will give those practices no weight where a different sentencing practice prevailed at the time of the offence. The question of whether 'current sentencing practices' refers to the time of offence or time of sentencing remains unresolved.
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