The applicant was in breach of his community service order. He applied for legal aid, on the basis that he risked losing his liberty. At the hearing the officer indicated he was not seeking revocation of the order. The court refused legal aid. ‘Proceedings for breach of a community service order – and I would think also a probation order – constitute an exception to the general rule that any enquiries made of a prosecutor must not trespass into the realm of sentence. It is entirely proper for the prosecutor – that is, the community service organiser or the probation officer – to invite the court to revoke the order concerned or indeed to express the view that the order should be allowed to continue, notwithstanding a breach. That is because that officer is in a good position to form a view of the prospects of success for the order if it continues’. It could not be said that the magistrates decision was so perverse as to allow a judicial review.
Lord Justice Kennedy VP And Mrs Justice Smith
[1997] EWHC Admin 905
Criminal Justice Act 1991 Sch 2
England and Wales
Legal Aid, Magistrates
Updated: 03 January 2022; Ref: scu.137850
