Latty, R. v [2026] EWCA Crim 538 (10 March 2026)

Latty, R. v [2026] EWCA Crim 538 (10 March 2026)

The committal for sentence by the Magistrates' Court was unlawful as the offence was indictable only under the 'three strikes' rule, depriving both the Magistrates' and Crown Court of jurisdiction; all subsequent proceedings were invalid. The appropriate remedy is to quash the committal and conviction, recommit the case for trial on indictment, and re-sentence in a manner that does not worsen the applicant's position.

Citation
[2026] EWCA Crim 538
Parties
Prosecution: Rex; Applicant/defendant: Sabrina Latty
Jurisdiction
England and Wales
Judgment Date
10 March 2026
Procedural Posture
Criminal Appeal and Judicial Review / Post Sentence; Renewed Application for Leave to Appeal Sentence; Judicial Review of Committal; Re Sentencing
Outcome
Application for judicial review granted; committal and conviction quashed; case recommitted for trial; applicant re-arraigned and sentenced.
Legal Topics
Burglary, Jurisdictional Error, Three Strikes Rule, Sentencing Procedure, Concurrent and Consecutive Sentences
Criminal Law Judicial Review Sentencing Burglary Jurisdictional Error Three Strikes Rule Sentencing Procedure Concurrent and Consecutive Sentences

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Parties

Rex

Prosecution

Sabrina Latty

Applicant/defendant

Procedural Posture

Criminal Appeal and Judicial Review / Post Sentence; Renewed Application for Leave to Appeal Sentence; Judicial Review of Committal; Re Sentencing

Legal Issues

  1. 1 Whether the committal for sentence by the Magistrates' Court was lawful given the offence was indictable only and subject to the 'three strikes' rule
  2. 2 Whether the Crown Court had jurisdiction to sentence the applicant
  3. 3 What is the appropriate remedy for the procedural error

Ratio Decidendi

The committal for sentence by the Magistrates' Court was unlawful as the offence was indictable only under the 'three strikes' rule, depriving both the Magistrates' and Crown Court of jurisdiction; all subsequent proceedings were invalid. The appropriate remedy is to quash the committal and conviction, recommit the case for trial on indictment, and re-sentence in a manner that does not worsen the applicant's position.

Court Disposition

Application for judicial review granted; committal and conviction quashed; case recommitted for trial; applicant re-arraigned and sentenced.

Orders

  • Quash committal for sentence and conviction.
  • Nominate Goose J to sit as District Judge to reopen and send case for trial.