Director of Public Prosecutions v The Crown Court at Luton
[2023] EWHC 2464 (Admin)
R v Terry Butt & Anor
6 October 2023
[2023] EWCA Crim 1131
Court of Appeal
Two guys appealed their sentences. One's sentence stayed the same because a mistake in paperwork didn't matter. The other's was slightly reduced because of a paperwork error, and some other charges were dropped because he hadn't pleaded guilty to them.
Key Facts
- •Terry Butt: Dangerous driving, drug possession, failing to provide breath specimen, driving without license/insurance. Magistrates' court recorded not guilty pleas for some charges, guilty for others, but the sending sheet contained errors.
- •David John Jenkins: Wounding with intent, dangerous driving, driving uninsured, driving under the influence of alcohol. Magistrates' court correctly sent dangerous driving for trial but incorrectly recorded pleas for summary offences.
Legal Principles
Section 17A of the Magistrates' Courts Act 1980 mandates a 'plea before venue' process for either-way offences.
Magistrates' Courts Act 1980, Section 17A
Errors in the magistrates' court sending sheet do not necessarily invalidate subsequent Crown Court proceedings if the magistrates court had the power to commit the case. The court's actions, not the recording of them, determine jurisdiction.
R v Folkestone and Hythe Juvenile Court, ex parte R; R v Hall; R v Russell; R v Ayhan; R v Gould; R v Clark
Section 142 of the Magistrates' Courts Act 1980 allows magistrates' courts to correct errors in their orders.
Magistrates' Courts Act 1980, Section 142
Section 66 of the Courts Act 2003 allows a Crown Court judge to exercise the powers of a District Judge (Magistrates' Courts) to rectify magistrates’ court errors. However, this power should be used judiciously.
Courts Act 2003, Section 66
The Better Case Management (BCM) form, while not conclusive, provides valuable evidence of what transpired in the magistrates' court.
Better Case Management Revival Handbook
Outcomes
Butt's appeal dismissed. Sentence of 12 months' imprisonment for dangerous driving was not manifestly excessive.
The court considered the length of the driving offense, Butt's prior driving offenses, and mitigating circumstances. While a pre-sentence report might have been helpful, the sentence was not deemed excessive.
Jenkins' sentence amended. Extended sentence reduced from 20 years to 19 years (14 years custody, 5 years extended licence).
The court found the judge correctly assessed high culpability and Category 1 harm but erred in imposing a 6-year extended licence period, exceeding the statutory maximum of 5 years for specified violent offences.
Sentences for Jenkins' summary offences quashed due to lack of jurisdiction (no guilty pleas recorded). Offences to remain on file.
Jenkins was sentenced for drink driving and driving without insurance without having pleaded guilty or been convicted.