R v Terry Butt & Anor
[2023] EWCA Crim 1131
Director of Public Prosecutions v The Crown Court at Luton
6 October 2023
[2023] EWHC 2464 (Admin)
High Court
Two court cases had errors in how they sent cases between lower and higher courts. A higher court said a previous ruling that blocked sentencing was wrong, so now one case can finally be sentenced, and the other will be reviewed.
Key Facts
- •Two challenges to Crown Court decisions declining jurisdiction in unrelated cases due to procedural errors in magistrates' court committal.
- •Michael Thompson: Challenge to Recorder Johnson's decision on lack of jurisdiction to sentence for offences with guilty pleas in magistrates' court.
- •Jordan Toner: Challenge to Recorder Cohen's decision on lack of jurisdiction to sentence for offences incorrectly sent for trial, referencing R v. Clark.
- •Both cases involved the use of the Common Platform system at Luton courts, leading to discrepancies between Court Extract and Better Case Management Form records.
- •Jordan Toner: Pleaded guilty to three drug offences, but the magistrates' court incorrectly sent all five charges (including the guilty pleas) for trial to the Crown Court, instead of committing him for sentence.
- •Jordan Toner: Magistrates' court later corrected the error using section 142 of the 1980 Act, but the Recorder still declined jurisdiction citing R v. Clark.
- •Michael Thompson: Pleaded guilty to production of cannabis and possession of an offensive weapon in magistrates' court; other charges sent for trial; Court Extract incorrectly recorded all charges as sent for trial.
- •Michael Thompson: Recorder Johnson declined jurisdiction to sentence on the guilty pleas, relying on R v. Clark.
- •Both cases involved issues with the accuracy of the Court Extract and the interpretation of R v. Clark [2023] EWCA Crim 309.
Legal Principles
Jurisdiction of Crown Court to sentence following procedural errors in magistrates' court committal.
R v. Butt and R v. Jenkins (Court of Appeal decision preceding this judgment), R v. Ayhan [2011] EWCA Crim 3184, R v. Gould [2021] EWCA Crim 447, R v. Clark [2023] EWCA Crim 309
Power of magistrates' court to correct errors under section 142 of the Magistrates' Courts Act 1980.
Magistrates' Courts Act 1980, s. 142
Jurisdiction of the High Court to review Crown Court decisions on matters other than trial on indictment.
Supreme Court Act 1981, s. 29(3)
Outcomes
Quashed Recorder Cohen's decision in Jordan Toner; Crown Court has jurisdiction to sentence.
R v. Clark wrongly decided and inconsistent with prior case law. Magistrates' court correctly corrected the error; Crown Court had jurisdiction after correction.
Quashed Recorder Johnson's decision in Michael Thompson; matter remitted to Recorder.
R v. Clark was wrongly decided; the Recorder correctly followed binding precedent. However, the evidence (Better Case Management Form) indicates guilty pleas should have resulted in committal for sentence, not trial. Two possible courses of action are identified for the Recorder: treating the record as 'bad on its face' allowing the magistrates' court to correct it or determining that the case was committed for sentencing despite the incorrect record.