The Board complained that the defendants had failed to comply with the requirements of community service orders. They appealed against a finding that the complaints were not made out. The defendants had not attended because they were appealing their convictions.
Held: ‘like any other sentence, a community order takes effect when it is imposed and it remains in full force and effect until and unless it is quashed on appeal or revoked or amended by order of the court. The lodging of an appeal does not of itself have any effect on the enforceability of the order.’ There was no statutory provision allowing suspension of an order pending an appeal. That an appeal has been lodged cannot afford a reasonable excuse to a defendant for failing to comply with the requirements of a community order.
Judges:
Dyson LJ, Jack J
Citations:
[2008] EWHC 15 (Admin), [2008] 3 All ER 1193, [2008] 1 WLR 918, (2008) 172 JP 169, (2008) 158 NLJ 102
Links:
Statutes:
Criminal Justice Act 2003 177(1)
Citing:
Cited – The Greater Manchester Probation Committee v Bent QBD 1996
A community order had been made and, after lodging a notice of appeal against both conviction and sentence, the defendant failed to attend for community service on two occasions. The appeal was later dismissed. The service did not know of the . .
Cited – Regina v May and others CACD 2005
The fact that an appeal is pending does not operate so as to suspend the operation of any sentence or order. . .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing
Updated: 12 July 2022; Ref: scu.263519