Regina v Chute: CACD 4 Feb 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 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