Sentence without Counsel unlawful – Legal Aid
Challenge to the lawfulness of the immediate custodial sentence imposed on the appellant in the absence of counsel to represent her in court, in circumstances where counsel had refused to attend court in support of the Criminal Bar Association (CBA) days of action. In addition, it is said that her sentence was manifestly excessive, and that in view of her personal circumstances, the sentence of imprisonment should have been suspended.
Held: The sentence passed was unlawful.
Judges:
Dame Victoria Sharp, P
Citations:
[2022] EWCA Crim 1444
Links:
Statutes:
Proceeds of Crime Act 2002 327(1), Legal Aid, Sentencing and Punishment of Offenders Act 2012, Criminal Legal Aid (Determinations by a Court and Choice of Representatives) Regulations 2013
Jurisdiction:
England and Wales
Criminal Sentencing
Updated: 28 December 2022; Ref: scu.682446
