Grand Chamber – The defendants had been convicted after the prosecution had withheld evidence from them and from the judge under public interest immunity certificates. They complained that they had not had fair trials. Held: The right was breached insofar as the prosecution had themselves sought to make that assessment without judicial involvement. Disclosure at … Continue reading Jasper v The United Kingdom: ECHR 16 Feb 2000
It was proper for magistrates to commit a defendant to the Crown Court for sentence where they believed that the appropriate sentence was a fine, but the level of fine they thought appropriate would be outside their powers, and only the Crown Court would have that power. The section did not limit the power to … Continue reading Regina v Chelmsford Justices, Ex Parte Lloyd: QBD 5 Dec 2000
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
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
Judges: Langstaff J Citations: [2010] EWHC 3412 (Admin) Links: Bailii Statutes:
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 might be imposed. They should have considered merely the threshhold of two years. Also the court had allowed itself … Continue reading Crown Prosecution Service (Redbridge Section), Regina (on the Application Of) v Redbridge Youth Court and Another: Admn 8 Jun 2005
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 discretionary life sentence, and the custodial period after which prisoners serving determinate sentences … Continue reading McWilliams, Regina v: CACD 21 May 2021
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. Judges: Ward, Keene LJJ, Munby J Citations: [2003] EWCA Civ 1845, [2004] 2 WLR 1170, [2004] HRLR 15 Links: Bailii Statutes: Powers of Criminal Courts (Sentencing) Act 2000& 85, … Continue reading Secretary of State for the Home Department v Sim and The Parole Board: CA 19 Dec 2003
Citations: [2003] EWCA Crim 1011, [2004] Prison LR 6, [2003] 4 All ER 877 Links: Bailii Statutes: Powers of Criminal Courts (Sentencing) Act 2000 86 Jurisdiction: England and Wales Criminal Sentencing Updated: 06 December 2022; Ref: scu.346293
The appellant had been sentenced to 5 years imprisonment and a confiscation order pounds 5.4m with six years in default. Small payments were made later by his receivers, but the interest had taken the total sums due over pounds 8m at the time of payments. The Court was asked say whether when calculating the credit … Continue reading Gibson, Regina (on The Application of) v Secretary of State for Justice: SC 24 Jan 2018
Challenge to refusal to make compensation order in favour of complainant. Citations: [2007] EWHC 2763 (Admin), [2008] 1 WLR 1636, [2008] ACD 8, [2008] 3 All ER 749 Links: Bailii Statutes: Powers of Criminal Courts (Sentencing) Act 2000 Jurisdiction: England and Wales Criminal Practice Updated: 04 December 2022; Ref: scu.261643
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 he would be bound by the dangerous offender provisions. The sentence was varied … Continue reading Kulah, Regina v: CACD 13 Jul 2007
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
Judges: The President of the Queen’s Bench Division and Lord Justice Holroyde Citations: [2020] EWHC 800 (Admin) Links: Bailii Statutes: Powers of Criminal Courts (Sentencing) Act 2000 Jurisdiction: England and Wales Criminal Sentencing Updated: 14 November 2022; Ref: scu.649809
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 plea and redrawn the indictment. Held: The appeals failed. There … Continue reading Love and Another, Regina v: CACD 13 Feb 2013
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
(St Christopher and Nevis) The appellant had been convicted of murder whilst still a youth. He had accordingly been sentenced to be detained ‘during [the Governor-General’s] pleasure; and if so sentenced he shall be liable to be detained in such place and under such conditions as the Administrator in Council may direct and, while so … Continue reading Browne v The Queen: PC 6 May 1999
Scope of use of slip rule when sentencing Judges: Green LJ, Nicol J, Judge Walden-Smith Citations: [2019] EWCA Crim 2177, [2019] WLR(D) 695 Links: Bailii Statutes: Powers of Criminal Courts (Sentencing) Act 2000 Jurisdiction: England and Wales Criminal Sentencing Updated: 13 October 2022; Ref: scu.647045
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 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 56-day period had elapsed. Judges: Moses LJ, Dobbs DBE J, Gordon HHJ Citations: [2011] … Continue reading Hudson, Regina v: CACD 24 Mar 2011
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
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. Citations: [2007] ICR 571, [2006] EWCA Crim 2689 Links: Bailii Statutes: Powers of Criminal Courts (Sentencing) Act 2000 14(1) Jurisdiction: England and Wales Criminal Practice Updated: … Continue reading Patel, Regina v: CACD 25 Oct 2006
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
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 period of the previous sentence was to be ignored in checking the … Continue reading Regina v Langstone: CACD 14 Mar 2001
The defendant had been convicted of sexual assaults, and made subject to a detention and training order, and also placed on the sex offenders register. On release he had failed to register as a sex offender, thinking his obligation to do so had expired. Held: The length of the sex offender registration was decided by … Continue reading Regina v Slocombe: CACD 23 Nov 2005
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 into the harm he had caused and his refusal to undertake a Community Sex Offenders’ Programme. … Continue reading Wiles, Regina v: CACD 4 Mar 2004
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 powers under the section 116 PCCA 2003. Held: Some … Continue reading O’Brien, Harris, Moss, Llewellyn and others v Regina: CACD 14 Jul 2006
A prisoner escaped, and on recapture was sentenced for the escape, and ordered under the section to complete the remaining part of his sentence. Held: The prisoner was not subject to the provisions regarding return of a prisoner who had been given early release under the statutory scheme. The return part of the order was … Continue reading Regina v Matthews: CACD 25 Feb 2002
(Scotland) The appellant had variously been convicted in reliance on evidence gathered at different stages before arrest, but in each case without being informed of any right to see a solicitor. The court was asked, as a devolution issue, at what point the duty to allow access to a solicitor arose, and what use might … Continue reading Ambrose v Harris, Procurator Fiscal, Oban, etc: SC 6 Oct 2011
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
Evidence from 3rd Party Torture Inadmissible The applicants had been detained following the issue of certificates issued by the respondent that they posed a terrorist threat. They challenged the decisions of the Special Immigration Appeals Commission saying that evidence underlying the decisions had probably been obtained by torture committed by foreign powers, and should not … Continue reading A and others v Secretary of State for the Home Department (No 2): HL 8 Dec 2005
Anonymised Party to Proceedings The BBC challenged an order made by the Court of Session in judicial review proceedings, permitting the applicant review to delete his name and address and substituting letters of the alphabet, in the exercise (or, as the BBC argues, purported exercise) of a common law power. The court also gave directions … Continue reading A v British Broadcasting Corporation (Scotland): SC 8 May 2014
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 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 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 claimants had been detained under the 1971 Act, after completing sentences of imprisonment pending their return to their home countries under deportations recommended by the judges at trial, or chosen by the respondent. They challenged as unlawful the respondent’s, at first unpublished, policy introduced in 2006, that by default, those awaiting deportation should be … Continue reading Lumba (WL) v Secretary of State for The Home Department: SC 23 Mar 2011
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. Consecutive sentences should still generally be avoided. Citations: Times 09-May-2007, [2007] EWCA Crim 680 Links: Bailii Statutes: Crime and Disorder Act 1998, Powers of … Continue reading Regina v C, Bartley and others: CACD 22 Mar 2007
The defendant said that the judge in setting his sentence had failed correctly to identify the time he had spent in custody awaiting trial, and which would act as time served. Held: The defendants were entitled to a direction. If the time for varying the order under s155 of the 2000 Act had passed, an … Continue reading Norman and Others, Regina v: CACD 20 Jul 2006
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 court setting had been inappropriate for a thirteen year old witness. Held: The … Continue reading H, Regina v: CACD 25 Apr 2006
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
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. Judges: Kennedy LJ, Astill, Gross JJ Citations: [2004] EWCA Crim 1986 Links: Bailii Statutes: Powers of Criminal Courts (Sentencing) Act 2000 116 85 Jurisdiction: England and Wales Criminal Sentencing … Continue reading Gamble-Beresford, Regina v: CACD 24 Jun 2004
The defendants had had confiscation orders made against them. They had appealed on the basis that the orders were made more than six months after sentence. The prosecutor now appealed saying that the fact that the order were not timely did not invalidate them. Held: The appeal was allowed. The confiscation orders made by the … Continue reading Regina v Soneji and Bullen: HL 21 Jul 2005
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 substance of the order had to be prohibitory rather than mandatory, but the curfew, being a restriction … Continue reading Lonergan v Lewes Crown Court and Another: Admn 23 Mar 2005
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
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 open court. Guidelines had now been issued to the effect that if a whole … Continue reading Last and others v Regina; Attorney General’s Reference No 108 of 2004: CACD 25 Jan 2005
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 prosecution in attempting to recover funds, but this had been insufficient. She also rejected the … Continue reading Pigott v Regina: CACD 9 Nov 2009
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 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 defendant had to have admitted carrying a firearm or imitation forearm, or the … Continue reading Hylands, Regina v: CACD 25 Nov 2004
The defendant had committed a murder when aged 16, and after conviction sentenced to be detailed during Her Majesty’s Pleasure. His tarriff had been set at 18 years, reduced to 16 years after review. Held: ‘What is at issue is the general right to a ‘fair and public hearing’ in article 6(1). There is no … Continue reading Dudson, Regina (on the Application of) v Secretary of State for the Home Department: HL 28 Jul 2005
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: [2004] 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: [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 had been convicted of a serious offence involving violece or sex, and been made subject to a extended sentence. He had been released on licence but recalled, and now challenged the system under which it had been decided that he should serve the balance of the first sentence. Held: The system of extended … Continue reading Regina (Sim) v Secretary of State for the Home Department: Admn 11 Feb 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: [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
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: [2013] 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
The house was asked whether it might be correct to stay criminal proceedings as an abuse where for delay. The defendants were prisoners in a prison riot in 1998. The case only came on for trial in 2001, when they submitted that the delay was an abuse. Held: The defendants had a right to a … Continue reading Attorney-General’s Reference (No 2 of 2001): HL 11 Dec 2003
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: [2002] 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: [2003] 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
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
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: [2017] 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: [2005] 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 Home Secretary may not later extend the tariff for a lifer, after it had been set by an earlier Home Secretary, merely to satisfy needs of retribution and deterrence: ‘A power conferred by Parliament in general terms is not to be taken to authorise the doing of acts by the donee of the power … Continue reading Regina v Secretary of State for the Home Department, Ex Parte Pierson: HL 24 Jul 1997
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. [2014] UKUT 314 (IAC) Bailii England … Continue reading Omenma (Conditional Discharge – Not A Conviction of An Offence): UTIAC 22 May 2014
The defendant complained that the prosecution had not disclosed the fact that a prosecution witness had convictions, and that had it been disclosed it would have undermined the prosecution. Other statements taken were not disclosed as had later become standard practice. Held: The test for whether should have been disclosed is to ask whether there … Continue reading McInnes v Her Majesty’s Advocate: SC 10 Feb 2010
Domestic Offence requires Domestic Defence Each defendant sought to raise by way of defence of their otherwise criminal actions, the fact that they were attempting to prevent the commission by the government of the crime of waging an aggressive war in Iraq, and that their acts were accordingly justified in law. Held: The law on … Continue reading Regina v Jones (Margaret), Regina v Milling and others: HL 29 Mar 2006