Practice and Procedure

R (on the application of JAMIE HICKS) (Claimant) v SNARESBROOK CROWN COURT (Defendant) & GOVERNOR OF THE MOUNT PRISON (Interested Party) (2012)

PUBLISHED November 27, 2012

[2012] EWHC 3348 (Admin)

The Crown Court did not have power to amend an order under the Criminal Justice Act 2003 s.240(3) by substituting an order under s.240(4). A sentencing judge had to make clear whether he was making a direction under s.240(3) or s.240(4) and if he made a direction under s.240(4), he had to indicate the basis upon which he did so by a statement in open court under s.240(6).

QBD (Admin) (Moses LJ, Simon J)