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 right approach was to consider what would be the likely requirement on a breach when considering whether the magistrates should themselves sentence the offender.
Judges:
Potter LJ, Mackay J
Citations:
Times 13-Feb-2003
Statutes:
Powers of Criminal Courts (Sentencing) Act 2000 4(2) Sch3 para 4
Jurisdiction:
England and Wales
Criminal Practice
Updated: 14 September 2022; Ref: scu.179120