[2013] EWCA Crim 2343

Magistrates had unlawfully committed an offender to the Crown Court for sentence following his guilty plea to failing to provide a breath sample. Although the magistrates had simultaneously properly committed for trial other summary-only offences, to which the offender had not pleaded guilty in the magistrates' court, there had been no power to commit the breath sample offence under the Powers of Criminal Courts (Sentencing) Act 2000 s.6(1) as the magistrates had not committed the offender for any of the other offences under any of the enactments listed in s.6(4).

CA (Crim Div) (Elias LJ, Supperstone J, Jeremy Baker J)

26/11/2013