Harvey v Director of Public Prosecutions: Admn 29 Jan 2021

The defendant entered an unequivocal plea of guilty before the magistrates and was committed for sentence. By the Crown Court. After sentence, he sought to set aside the plea, wanting to file a defence under the 2015 Act, and requested a direction allowing that under section 142 of the 1980 Act. He was refused.
Held: The appeal was refused. Once sentence had been passed section 142 could have no application. Section 142 was directed at correcting an error made by the magistrates themselves. The reference in the section to sentencing referred only to a sentence passed by the magistrates.

Lord Burnett of Maldon Cj, Bryan J
[2021] EWHC 147 (Admin), [2021] 4 WLR 10, [2021] 1 Cr App R 23, [2021] 1 WLR 2721, [2021] Crim LR 400, [2021] WLR(D) 68
Bailii, WLRD
Magistrates’ Courts Act 1980 142(2), Modern Slavery Act 2015 45
England and Wales


Updated: 27 January 2022; Ref: scu.658029