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 magistrates had made an error in the form of committal, when remitting the defendant to the Crown Court for sentence. Held: The error had the effect of limiting the Crown Court to the powers which had been available to the magistrates. The statement of committal under section 4 had failed to include, as was … Continue reading Regina v Sallis: CACD 29 Jan 2003
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 . .
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:  EWHC 13 (Admin) Links: Bailii Statutes: Powers of Criminal Courts (Sentencing) Act 2000 92 Prisons Updated: 08 June 2022; Ref: scu.192139
The defendant, a drug addict, had been arrested and released on bail for a series of offences. He appealed against a sentence of two years and nine months. The court rejected a suggestion that he might be made the subject of a Drug Treatment and Testing Order (DTTO) despite a report that he was a … Continue reading Regina v Belli: CACD 20 Oct 2003
Citations:  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 had failed to co-operate when called upon to act as a juror having been refused exemption. He refused to be searched on entering the court building. He now appealed against a fine. Held: The court set out the minimum requirements for a fair hearing in a case of this kind: ‘1) The Juror … Continue reading Dodds v Regina: CACD 31 May 2002
The defendant appealed his sentences for several offences. He had been given the maximum sentence of 24 months detention. No discount had been given for his guilty plea, nor for time already spent in custody. The judge described the offences as disgusting. Held: Some discount must be given for the guilty plea. That was established … Continue reading Regina v March: CACD 15 Feb 2002
The family of a murder victim has no standing to intervene to challenge the tariff set for the sentence to be served by the youths convicted of the murder. They had been invited to state the impact of their son’s death, but not the sentence to be served. Although the standing required for judicial review … Continue reading Regina v Secretary of State for the Home Department and Another Ex Parte Bulger: QBD 7 Mar 2001
The defendant committed an offence whilst released on licence. She was sentenced by the magistrates for the offence and ordered to be recalled to serve a month for the offence committed whilst on licence. The Secretary received a probation report and revoke her licence entirely. Held: The fact that the magistrates had carried out a … Continue reading Regina v Secretary of State for the Home Department ex parte Akhtar: QBD 23 Feb 2001
‘This appeal against sentence is confined to the question whether a deprivation order under section 143 of the Powers of Criminal Courts (Sentencing) Act 2000 should have been made in respect of pounds 4,600 in cash found at the appellant’s home address following his arrest for possessing crack cocaine with intent to supply. ‘ Citations: … Continue reading Jones, Regina v: CACD 27 Sep 2017
The appellant, a mentally disordered offender appealed the imposition of an automatic life sentence. He asserted that it was a breach of his human rights. Held: Although courts had repeatedly encouraged the use of orders under the Mental Health Act, parliament had made its wishes clear, and such an order would provide greater protection for … Continue reading Regina v Drew: CACD 19 Dec 2001
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
In each case, youths had been committed to the Crown Court for trial but complained that the Youth Court should have dealt with the cases, and sought judicial review of the Youth Court decision. Held: The test for a review of a decision of the Youth Court is whether that decision was wrong. The court … Continue reading Regina (C and Another) v Sheffield Youth Court; Regina (N) v Sheffield Youth Court: QBD 23 Jan 2003
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:  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
The defendant youth having been convicted on his plea of several sexual offences, now sought judicial review of the decision to commit him to the Crown Court for sentence. Judges: Pitchford LJ, Wyn Williams J Citations:  EWHC 1466 (Admin) Links: Bailii Statutes: Powers of Criminal Courts (Sentencing) Act 2000 3C Jurisdiction: England and Wales … Continue reading BW, Regina (on The Application of) v Caernarfon Youth Court and Another: Admn 27 Mar 2013
Each defendant appealed against the imposition of an extended sentence of imprisonment. Held: The The provisions were unduly complicated and about to change again. Courts would see their way clear by focussing on the offence for which the extended sentence was to be considered, and bearing in mind that the purpose of this particular form … Continue reading Regina v Pepper, Regina v Barber, etc: CACD 28 Apr 2005
The defendant had been convicted of an affray. A car was used in the course of the defendant getting to the scene. He appealed against a sentence of imprisonment and disqualification from driving for two years. Held: A disqualification could be imposed even though the offence was not a driving offence as such. The section … Continue reading Regina vCliff: CACD 25 Nov 2004
The defendant had been convicted of attempted incitement to an act of gross indecency with a male under 16. He appealed a requirement that he be registered as a sex offender. He had been travelling to Sri Lanka, and sent an email seeking sex. The email had been intercepted by the police in Sri Lanka. … Continue reading Regina v Parnell: CACD 15 Oct 2004
The defendant had been convicted of possession of one indecent photograph of a child, and given a conditional discharge. He appealed being placed upon the sex offenders’ register. Held: Despite s14(1) of the 2000 Act, the offence required a placing on the register, under 1(4) of the 1997 Act as an ‘offender of any other … Continue reading Regina v Longworth: CACD 23 Jul 2004
The defendant complained that, although the judge had said there was only a low risk of his re-offending, after conviction for a minor sex offence, he had nevertheless been sentenced to an extended period of imprisonment. Held: It was recognised that the appropriate treatment programmes would only be effective where defendants received sentences of sufficient … Continue reading Regina v M (Sexual Offence: Extended Sentence): CACD 5 Jul 2004
The defendant appealed his sentence. Held: The judge had imposed an extended licence period without this being discussed first with counsel so as to allow representations to be made. This was wrong, but such an order would not always be quashed on this sole ground. Judges: Woolf LJC, Judge LJ, Rafferty J Citations: Times 22-Mar-2004 … Continue reading Regina v Evans: CACD 9 Mar 2004
The defendants appealed life sentences for second serious offences under s109. They had been convicted of robbery. Held: The offence of robbery existed at the time when the 200 Act was created, and it was inconceivable that the new Act required in effect a creation of a secand variant of the offence involving the use … Continue reading Regina v Benfield; Regina v Sobers: CACD 21 Jul 2003
There is no need for an indictment to set out the facts which would need to be established to allow an offence to be treated as a serious offence for the purposes of sentencing under the Act, if those facts were clearly not at issue. Citations:  2 Cr App R(S) 208 Statutes: Powers of … Continue reading Regina v Flamson: CACD 2002
The provisions of section 68 were punitive, and therefore could not be read to have retrospective effect. Citations:  EWCA Crim 1011 Statutes: Powers of Criminal Courts (Sentencing) Act 2000 68, European Convention on Human Rights 6 Jurisdiction: England and Wales Citing: Cited – Ibbotson v United Kingdom ECHR 1998 While the applicant was serving … Continue reading Regina v JT: CACD 2003
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
P, a 16 year old boy with learning difficulties faced charges. A psychologist said his IQ was so low (52) that P would not be able to understand or reply rationally to the charges. The justices decided that he was fit to plead; they had formed a view of him from watching him during the … Continue reading Regina (P) v Barking Magistrates Court: Admn 2002
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 defendant attained the age of 18 after the offence but before his sentence. Under 18, he would have been subject to an order of detention in a young offenders institution, with a maximum of twelve months. They imposed a sentence of four concurrent detention and training orders totaling 18 months. Held: The 1963 Act, … Continue reading Aldis v Director of Public Prosecutions: CACD 11 Feb 2002
A defendant had been convicted of shoplifting. His offending arose from his drugs habit. Then probation service gave its strong view that the defendant was not suitable to be placed upon a drug treatment and testing regime. They applied to review the decision to place him on the scheme. It was held that such a … Continue reading Regina (Inner London Probation Service) v Tower Bridge Magistrates’ Court: QBD 26 Jun 2001
The court had delayed part of the sentencing procedure to fix a compensation order. However if it did so, it should state clearly the reasons for the postponement, and what sentence was to be considered at the adjourned hearing. In this case a compensation order had not been mentioned. The court should make allowance for … Continue reading Regina v Jones (Timothy): CACD 23 May 2003
Appeal from sentence of 6 and a half years; detention for three offences of robery. Judges: Sweeney, Holroyde JJ Citations:  EWCA Crim 1348 Links: Bailii Statutes: Powers of Criminal Courts (Sentencing) Act 2000 91 Jurisdiction: England and Wales Criminal Sentencing Updated: 31 March 2022; Ref: scu.598328
The Crown was given leave to appeal what it saw to be an unduly lenient sentence of the defendant following his becoming liable to be sentenced as a repeat offender iunder the 2003 Act. The main offence was that he had threatened his partner’s life by pointing a loaded crossbow at her. The prosecution said … Continue reading Attorney General’s Reference No 87 of 2006, Regina v Daniel Peter Geddes: CACD 24 Oct 2006
Judges: Lord Justice Manc Citations:  EWCA Crim 2077 Links: Bailii Statutes: Powers of Criminal Courts (Sentencing) Act 2000 82A Jurisdiction: England and Wales Criminal Sentencing Updated: 27 March 2022; Ref: scu.442434
The defendant appealed against sentence following conviction for burglary and false imprisonment. He had received sentences of 8 years and life respectively, with a determinate period of 11 years, and an earliest release of 6 years. The sentences had been on the basis that the offence of false imprisonment was an offence of violence. He … Continue reading Regina v Szczerba: CACD 6 Feb 2002
The defendant, after convictions for violence, now appealed against a sentence of detention for public protection for a period of two-and-a-half years. Held: The court summarised the principles applicable: ‘(i) whilst it is not unlawful to impose consecutive indeterminate sentences, or an indeterminate sentence consecutive to another period of imprisonment, such a practice is undesirable. … Continue reading Regina v O’Halloran: CACD 14 Nov 2006
UTIAC The effect of section 14(1) of the Powers of Criminal Courts (Sentencing) Act 2000 is that a person who has received a conditional or absolute discharge does not make a false representation if the answer is ‘no’ when asked if he has ever been ‘convicted’ of an offence.  UKUT 314 (IAC) Bailii England … Continue reading Omenma (Conditional Discharge – Not A Conviction of An Offence): UTIAC 22 May 2014
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 prosecutor appealed a grant of a stay of a prosecution of the 13 year old defendant as an abuse of process. Reports had indicated that he was unfit to plead. The prosecution contended that, if the court thought P ought not to face trial by reason of his disability, it should proceed to decide … Continue reading Crown Prosecution Service v P; Director of Public Prosecutions v P: Admn 27 Apr 2007
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
Presumption against sending Youths to Crown Court W was a youth accused with another of robbery. The District judge magistrate had sent him for trial at the Crown Court although finding ‘[W] is 14 years of age with no previous conviction and is not a persistent offender.’ Held: Woolf LJ approved a statement: ‘in respect … Continue reading W, Regina (on The Application of) v Southampton Youth Court: Admn 23 Jul 2002
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
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
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 . .
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 . .
The CPS appealed the refusal of the respondent magistrates to decline jurisdiction to hear allegations against a youth.
Held: The magistrates had applied the wrong test, asking themselves whether a sentence substantially greater than two years . .
The prisoner was subject to an extended sentence, and had been recalled to prison. He now complained that the recall procedure had infringed his human rights. . .
The Attorney General sought leave to refer a sentence to this Court arising from the interrelationship between the court’s power under section 82A(3) of the Powers of Criminal Courts (Sentencing) Act 2000 to fix the minimum term to be served under a . .
Challenge to refusal to make compensation order in favour of complainant. . .
The defendant appealed his sentence, saying that the judge had given an indication of sentence and that he had acted upon it to his detriment.
Held: The giving of indications had caused difficulty. In this case the judge had later found that . .
The appellants had pleaded guilty to an offence of burglary. The building was a dwelling, but the though the indictment did not refer to that element, they had been sentenced on the basis that it was a dwelling. After plea, the judge had vacated the . .
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 . .
Renewed application for leave to appeal against sentence for making a threat to kill. . .
Scope of use of slip rule when sentencing . .
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 . .
The court was asked whether the sentencing judge had power to vary the sentence imposed on this 44-year-old applicant following a conviction for rape, by virtue of section 155 of the Powers of the Criminal Courts (Sentencing) Act 2000 after the . .
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 . .
Ambit of section 14(1) of the 2000 Act and its operation upon an application form for employment in a case where the applicant had previously suffered a conditional discharge. . .
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 . .
When a court considered imposing an extended custodial sentence on a prisoner in relation to an offence committed whilst on release, it must do so by reference to the offence at issue. The ordering of the court that the defendant serve any further . .
The defendant appealed against the imposition of an extended sentence under the 2000 Act for conviction involving sexual assault on a child and the possession of indecent photographs of children. The pre-sentence report spoke of his lack of insight . .
In each case the court was asked whether a sentence imposed under section 225(2) of the 2003 CJA for the protection of the public could be made to run consecutively to the principle sentence for the offence, and how did this link in with the courts . .
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 . .
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. . .
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 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 . .
The court considered the practical difficulties which arose in imposing extended sentences with determinate sentences.
Held: The appropriate determinate sentence should be imposed first, and only then the consecutive extended sentence. . .
The defendant youth appealed his conviction and sentence for rape by oral penetration of a six or seven year old boy. He complained that the evidence contained such inconsistences that the case should not have proceeded. Complaint was also made that . .
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 . .
The court considered the application of section 116 of the 2000 Act in the context of an extended sentence passed under section 85 of the Act. . .
The defendant appealed the terms of an anti-social behaviour order, saying that the curfew imposed as one of the conditions of the order was unlawful being mandatory rather than prohibitory, and tantamount to a penal sanction.
Held: The . .
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 . .
Appeals were heard on the application of new sentencing guidelines to the defendant’s cases retrospectively. They had pleaded guilty to murders, and the issues was as to the minimum terms set.
Held: The judge had to set the minimum term in . .
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 . .
The defendant had been convicted of robbery. Evidence suggested that he may had had with him a firearm. He appealed an automatic life sentence for a second serious offence.
Held: In order for an offence to come within the section, either the . .
The defendant appealed against a substantial confiscation order after his conviction for cheating the public revenue. He said that the judge had been biased or had shown the appearance of bias against him. He had given some assistance to the . .