Practice and Procedure

R v JAMES IAN McNEILL (2008)

PUBLISHED February 27, 2008
SHARE

[2008] EWCA Crim 553

Sentences for theft offences and driving offences that had been imposed by a recorder outside of his sentencing powers were restructured, but the sentence length was not excessive and remained the same. Prosecuting counsel had a duty to prepare their cases fully and to be in a position to direct the sentencing judge as to his powers and to ensure that he did not make a mistake. If they were in any doubt about what had been imposed, they were under a duty to ask for clarification.

CA (Crim Div) (Dyson LJ, Maddison J, Sir Richard Curtis)

27/02/2008

CATEGORIES