The court considered the effect of the decision in Clarke, and concluded that if the court is not permitted to make a confiscation order together with an order for conditional discharge, it may then become necessary to impose a different, more punitive sentence, rather than the order for conditional discharge, because without the order for … Continue reading Wilkinson, Regina v: CACD 11 Dec 2009
The defendant had pleaded guilty to concealing criminal property. He was conditionally discharged but also made subject to a confiscation order. He appealed saying that one could not be made if only a conditional discharge was imposed. Held: The defendant’s appeal succeeded. The court examined the history of the conditional discharge provided by counsel, and … Continue reading Clarke v Regina: CACD 12 Jun 2009
The defendant had been convicted of offences under the 1979 Act, but then conditionally discharged. He had appealed against a confiscation order. The prosecutor now appealed against an order quashing the confiscation. Held: The appeal was allowed. The answer lay in the important distinction between situations where the court was exercising a discretion, and where … Continue reading Varma, Regina v: SC 10 Oct 2012
Defendants had been convicted of maltreatment of horses. The crown court had overturned a permanent ban on keeping horses, substituting a limit of keeping 25 horses with a conditional discharge. The prosecutor now appealed.
Held: The court had . .
Citations: [2008] EWCA Crim 1963, [2009] 1 All ER 786, [2009] ICR 127, [2009] Env LR 7, [2009] 1 Cr App R (S) 81, [2009] 1 Cr App R 16, [2009] Crim LR 381 Links: Bailii Statutes: Powers of Criminal Courts (Sentencing) Act 2000, Health and Safety at Work Act 1974 2, Management of Health … Continue reading TDG (UK) Ltd, Regina v: CACD 29 Jul 2008
The case asked what duty the respondent had, in respect of youths sentenced to be detained during Her Majesty’s Pleasure before 30th November 2000, to review their continued detention at regular intervals. A statement said that once a tarriff had been set the Secretary would only consider matters relating to the crime or the defendant’s … Continue reading Regina on the Application of Smith v The Secretary of State for the Home Department: Admn 3 Apr 2003
Renewed application for leave to appeal against sentence for making a threat to kill. Judges: Moore-Bick LJ, Rafferty, Eder JJ Citations: [2011] EWCA Crim 1197, [2012] 1 Cr App R (S) 29 Links: Bailii Statutes: Powers of Criminal Courts (Sentencing) Act 2000 82A Jurisdiction: England and Wales Criminal Sentencing Updated: 27 October 2022; Ref: scu.439658
Judges: Stanley Burnton LJm Cranston J, Rook QC Citations: [2012] EWCA Crim 728 Links: Bailii Statutes: Powers of Criminal Courts (Sentencing) Act 2000 130 Jurisdiction: England and Wales Criminal Sentencing Updated: 07 October 2022; Ref: scu.452824
The defendant had been convicted of stealing petrol to use in his hire-purchase car. The court ordered cessation of his interest in the car as part of its sentence. He appealed. Held: The appeal succeeded. After the order had been made, the appellant had sold the car (which had not been taken into the possession … Continue reading Regina v Kearney: CACD 11 Mar 2011
The magistrates made a drug treatment order. The defendant breached it, and the magistrates then committed him to the Crown Court for sentence. He appealed that sentence. Held: The court asked whether the magistrates had that power. Schedule 3 of paragraph 4 did not give the magistrates that power, and nor did section 4. The … Continue reading Regina v Chute: CACD 4 Feb 2003
The court gave its reasons for allowing an appeal by the defendant as to the time to be held to go towards service of his sentence of imprisonment after had had spent time before sentence subject to curfew. The sentence, imposed on 13 December 2012, was twelve months imprisonment. The judge had intended that the … Continue reading Hoggard, Regina v: CACD 20 Jun 2013
Judges: Laws, Moore-Bick, Beatson LJJ Citations: [2013] EWCA Civ 697, [2014] 1 WLR 179, [2013] WLR(D) 289 Links: Bailii, WLRD Statutes: Powers of Criminal Courts (Sentencing) Act 2000, Human Rights Act 1998, Sexual Offences Act 2003 82(1) Jurisdiction: England and Wales Criminal Sentencing, Human Rights Updated: 10 September 2022; Ref: scu.510907
The DPP sought directions as to the issuing of voluntary bills of indictment to have transferred to the Crown Court, allegations of robbery against youths between 12 and 14. Held: A child convicted of an offence for which an adult would receive a custodial sentence can receive a maximum youth training order of 24 months. … Continue reading Regina (Director of Public Prosecutions) v Camberwell Youth Court; Regina (H) v Camberwell Youth Court: QBD 23 Jul 2004
The defendant appealed his sentence. The judge had imposed a sentence longer than was commensurate with the offence on the basis that such a sentence was required to protect the public from serious harm from the offender. Held: Where a judge was considering making such an order, he must inform counsel and allow representations to … Continue reading Regina v Cameron: CACD 5 Feb 2003
Application for judicial review of the decision of the district judge, sitting at Bath and Wansdyke Magistrates’ Court, not to order a fact-finding exercise rather than a trial. Citations: [2009] EWHC 759 (Admin), [2009] MHLR 71 Links: Bailii Statutes: Powers of Criminal Courts (Sentencing) Act 2000 11(1), Mental Health Act 1983 37(3) Jurisdiction: England and … Continue reading Blouet v Bath and Wansdyke Magistrates Court: Admn 12 Mar 2009
The court discussed the principles applicable when sentencing very young offenders: ‘The simple principle underlying the current legislation for sentencing very young offenders is that, generally speaking, first-time offenders aged 13 and 14, and all offenders aged 11 and 12, should not be detained in custody. For 13 and 14 year olds, where the youth … Continue reading Regina (W) v Southampton Youth Court: Admn 2002
The appellant had been given a conditional discharge for possession of one indecent photograph of a child on his computer. He challenged being placed on the sex offenders’ register. Held: The proceedings did not involve, or have as any part of their intrinsic purpose, the making by the court of any order to register, or … Continue reading Longworth, Regina v: HL 26 Jan 2006
After conviction for a sex offence, the defendant, a youth, appealed the addition of the extended sentence to his Detention and Training Order. Held: there was no power under the 2000 Act, to add such an extended sentence to the training order. An extended notice could be added to a sentence of imprisonment but the … Continue reading B, Regina v; (Sentence: Detention and Training Orders): CACD 14 Feb 2005
The court considered the principles for sentencing for sexual assaults by youths and the decision of magistrates whether to decline jurisdiction. Leveson J: ‘That the position would be different for an older person is obvious. Had an adult behaved in this manner to a 13 year old boy, sexual gratification would have been an obvious … Continue reading H and Others, Regina (on the Application of) v Southampton Youth Court: Admn 2 Dec 2004
The appellant challenged his conviction for attempted rape of an elderly woman. Her evidence had been accepted in written form because she was unable to attend court. Held: Before accepting such evidence the court had to establish that she would have been competent to give evidence had she been able to attend physically. S23 had … Continue reading Ali Sed v Regina: CACD 27 May 2004
The applicants were young persons who had been detained during Her Majesty’s Pleasure after convictions for murder. The respondent appealed a finding that he was under a duty to review the tariff with a view to release even before the expiry of the tariff. Held: The appeals were dismissed. Even though the court fixed the … Continue reading Regina (Smith) v Secretary of State for the Home Department; and similar: CA 11 Feb 2004
Citations: [2003] EWHC 1128 (Admin) Links: Bailii Statutes: Powers of Criminal Courts (Sentencing) Act 2000 104 Jurisdiction: England and Wales Criminal Sentencing Updated: 07 June 2022; Ref: scu.185358
The defendant had been sentenced for offences of violence, but an additional period was imposed to protect the public. He had been refused leave for reconsideration of that part of his sentence after he completed the normal segment of his sentence. He wanted a consideration which would parallel the new won rights of review for … Continue reading Giles, Regina (on the Application of) v Parole Board and Another: HL 31 Jul 2003
The defendant appealed several sentences totalling 30 months, noted as being made under the 2000 Act. Some offences had been committed for sentence under section four, and some under section 6. Held: Section four allowed committal for sentence only with other cases committed for trial. That did not apply here. However, applying Folkestone Justices, the … Continue reading Regina v Whitehead: CACD 8 May 2003
The defendant was mentally ill. He had been convicted of a second serious offence, and now appealed the life sentence imposed. Psychiatrists had recommended a hospital order, but such an order could not now be made by virtue of the 2000 Act save in exceptional circumstances. It was said to be wrong automatically to impose … Continue reading Regina v Drew: HL 8 May 2003
When a court returned a youth to youth custody after release from a detention and training order, the phrase ‘remainder of the term’ within the section must be construed so as to begin to run from the date on which the matter of complaint leading to the return was proved before the court. Judges: Lord … Continue reading H v Doncaster Youth Court: QBD 20 Nov 2008
The appellant appealed against a sentence of imprisonment for public prootection after pleading guilty to the rape of his two year old son. Judges: Judge LCJ, Holman, Openshaw JJ Citations: [2012] EWCA Crim 132 Links: Bailii Statutes: Powers of Criminal Courts (Sentencing) Act 2000 82A Jurisdiction: England and Wales Criminal Sentencing Updated: 28 May 2022; … Continue reading MJ, Regina v: CACD 9 Feb 2012
The Board appealed dismissal by the magistrates of their complaint that the defendant had failed to comply with an order requiring him to report to a relevant officer after his conviction for driving with excess alcohol. The defendant argued that no proper evidence had been brought that he had been informed of the relevant appointment. … Continue reading West Yorkshire Probation Board v Townend: Admn 28 Jul 2005
After his conviction for causing a public nuisance, and for arson, the defendant was sentenced to life imprisonment. The judge applied the section to decline to set a minimum tariff. He had set out on a large scale harassment campaign against former social workers and others, including setting fire to cars, and direct assaults. Held: … Continue reading Regina v Jan: CACD 12 Oct 2006
The defendant appealed sentences for battery with iintent to commit sexual assault. Held: In general the existing authorities on sentencing of sex offenders should apply to the new offences, with an allowance made for the lower maximum sentence under the new offence as against rape or attempted rape. Judges: Rose LJ, Douglas Brown J, Mackay … Continue reading Regina v Wisniewski: CACD 9 Dec 2004
The imposition of an extended period of licence in respect of offences committed before 1992 did not infringe the defendant’s human rights. The defendant had been convicted of offences from 1976 and 1982. The commencement date for the 1991 Act was 1 October 1992. Held: The true nature of the provision was preventive, to ensure … Continue reading Regina v R (Sentencing: Extended licences): CACD 25 Jul 2003
The defendant came to court, and his counsel informed the court of this, but then he left. Had he surrendered to his bail? He surrendered and was taken to court. He pleaded guilty to the Bail Act offence and was sentenced, but then was allowed to change his plea. He appealed against his conviction for … Continue reading Evans, Regina v: CACD 16 Nov 2011
The applicants had each been given a life sentence, but having served the minimum term had been due to have the continued detention reviewed to establish whether or not continued detention was necessary for the protection of the pblic. It had not been, and each had claimed there was no basis for his continued detention, … Continue reading Faulkner, Regina (on The Application of) v Secretary of State for Justice and Another: SC 1 May 2013
Zinga had been convicted of conspiracy to defraud in a private prosecution brought by Virgin Media. After dismissal of the appeal against conviction, Virgin pursued confiscation proceedings. Zinga appealed against refusal of its argument that it was an abuse for a private prosecutor to take such action, even where as here that prosecutor had disclaimed … Continue reading Virgin Media Ltd, Regina (on The Application of) v Zinga: CACD 24 Jan 2014
CCC (Central Criminal Court) The OffenceThe murder of Stephen Lawrence on the night of 22nd April 1993 was a terrible and evil crime. Recently the Lord Chief Justice described it as a ‘murder which scarred the conscience of the nation.’A totally innocent 18 year old youth on the threshold of a promising life was brutally … Continue reading Regina v Dobson and Norris: CCC 4 Jan 2012
The company employed drivers to cross the UK. They were stopped and did not have the requisite drivers records. Instead they produced certificates as to having had rest days. These proved false, and the drivers said that the had been produced for them by the employer. The drivers were convicted and the lorries impounded. The … Continue reading O’Leary International Ltd v North Wales Police: Admn 31 May 2012
The defendant had pleaded to charges of possession of drugs with intent to supply. He was sentenced, but then the prosecutor was 14 months’ late serving its notice with regard to the confiscation order under section 16. The crown now appealed . .