[2010] EWHC 346 (Admin)

Whether an indication given by a magistrate to a defendant about the level at which he was to be sentenced, before adjourning sentencing for the preparation of reports, could be said to have created a legitimate expectation depended upon the facts. If a defendant's expectation was legitimate, the magistrates would have complied with their duty under the Criminal Justice Act 2003 s.172(1)(b) to have proper regard to sentencing guidelines in giving the indication.

DC (Aikens LJ, Openshaw J)

28/01/2010