The Crown Court had made a criminal bankruptcy order in the sum of andpound;5,000 but failed to identify how that was to be distributed between the offences. The judge subsequently, but after the 28 day period provided by section 11(2) of the 1971 Act, purported to rectify the court’s order.
Held: He was entitled to do so as it was ‘an adjustment of an inchoate order which at that moment existed.’ Where an amendment was required which had no effect on the sentence or other orders made, but merely corrected an error, the court was entitled to do so.
Judges:
Lord Widgery LCJ, Bridge LJ, Woolf J
Citations:
(1980) 2 Cr App R (S) 26, [1980] EWCA Crim 1, [1980] 1 All ER 861, [1981] QB 12, [1980] 3 WLR 151
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Applied – Regina v Michael QBD 1976
There has been a failure on the part of the trial judge to include costs incurred at a committal hearing in an order for costs which was made in favour of an accused who had been acquitted. It had plainly been the intention of the trial judge to . .
Cited by:
Cited – Norman and Others, Regina v CACD 20-Jul-2006
The defendant said that the judge in setting his sentence had failed correctly to identify the time he had spent in custody awaiting trial, and which would act as time served.
Held: The defendants were entitled to a direction. If the time for . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 18 August 2022; Ref: scu.244713
