Regina v Spruce; Regina v Anwar: CACD 25 Apr 2005

The defendants had appealed against sentence, and had been sucessful, but in their absence. They each sought a further opportunity to appeal, but being present.
Held: The 1968 Act gave to the defendant the right to be present at his appeal. The practice was that on a sentence being reduced on an appeal without the defendant appearing he would be given seven days in which to accept or reject the reduction, but he would be discouraged from renewing the appeal. The matter could be re-listed, but normally fresh material would be required to allow any different decision.

Judges:

Rose LJ, Gibbs J, Stanley Burnton J

Citations:

Times 05-May-2005

Statutes:

Criminal Appeal Act 1968 2(1)

Jurisdiction:

England and Wales

Criminal Sentencing

Updated: 06 May 2022; Ref: scu.224880