Practice and Procedure

R v BARRY JAMES FAIRBROTHER (2007)

PUBLISHED December 13, 2007
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[2007] EWCA Crim 3280

On a reference by the Registrar of Criminal Appeals, the court exercised its discretion to vary a sentence imposed on the appellant by a recorder who had activated a suspended sentence in relation to a previous offence without taking into account time spent on remand for that offence. The court recommended ways in which the process for actioning a variation to a sentence might be improved where the variation was to the advantage of a defendant and recommended that the 28-day period under the Powers of Criminal Courts (Sentencing) Act 2000 s.155(1) be extended.

CA (Crim Div) (Latham LJ (VP CA Crim), Cooke J, Cranston J)

13/12/2007

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