Practice and Procedure

R v ALAN WELLS (2012)

PUBLISHED November 23, 2012

[2012] EWCA Crim 2875

A sentence of nine months' imprisonment imposed for an offence under the Crime and Disorder Act 1998 s.31, following a committal for sentence to a Crown Court from a magistrates' court was unlawful as the offence was committed for sentencing under the Powers of Criminal Courts (Sentencing) Act 2000 s.6, and therefore the Crown Court's sentencing powers were limited to those of the magistrates' court so that only a maximum term of six months' imprisonment could be imposed.

CA (Crim Div) (Simon J, Judge Jacobs)