To the consternation of some charities, MPs said they were happy to leave the decision not to name a young person subjected to an anti-social behaviour order to the discretionofjudges.
When the Supreme Court struck down mandatory sentencing guidelines in 2005, added Wisenberg, it granted judges a great deal ofdiscretion in issuing sentences.
Advocates of change say judges who deem a patent to have been infringed should use more discretion in deciding between awarding damages and a course of action that could close all or part of a business.