Poulson & Ors, R. v [2025] EWCA Crim 1242 (29 July 2025)

Poulson & Ors, R. v [2025] EWCA Crim 1242 (29 July 2025)

The court has no jurisdiction to review a sentence under section 36 of the Criminal Justice Act 1988 where the offender has not been convicted of any offence falling within the relevant statutory scheme.

Citation
[2025] EWCA Crim 1242
Parties
Prosecution: Rex; Offender: Jack Poulson; Offender: Ross Corley; Offender: Ashley Darbyshire; Offender: Cory Barrett; Offender: Harvie Aspden; Offender: Brandon Harwood; Offender: Richard Haslam; Offender: Elliot Turner; Offender: James Fitzgerald; Offender: Daniel Bainbridge-Flatters
Jurisdiction
England and Wales
Judgment Date
29 July 2025
Procedural Posture
Attorney General's Reference (criminal) / Application for Leave to Refer Sentence Under Section 36 of the Criminal Justice Act 1988
Outcome
Application refused/dismissed for want of jurisdiction
Legal Topics
Unduly Lenient Sentences, Jurisdiction, Sexual Offences, Attorney General's Reference
Criminal Law Unduly Lenient Sentences Jurisdiction Sexual Offences Attorney General's Reference

Case Brief

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Parties

Rex

Prosecution

Jack Poulson

Offender

Ross Corley

Offender

Ashley Darbyshire

Offender

Cory Barrett

Offender

Harvie Aspden

Offender

Brandon Harwood

Offender

Richard Haslam

Offender

Elliot Turner

Offender

James Fitzgerald

Offender

Daniel Bainbridge-Flatters

Offender

Procedural Posture

Attorney General's Reference (criminal) / Application for Leave to Refer Sentence Under Section 36 of the Criminal Justice Act 1988

Legal Issues

  1. 1 Whether the court has jurisdiction to review a sentence under section 36 of the Criminal Justice Act 1988 where none of the offences fall within the relevant statutory scheme.

Ratio Decidendi

The court has no jurisdiction to review a sentence under section 36 of the Criminal Justice Act 1988 where the offender has not been convicted of any offence falling within the relevant statutory scheme.

Court Disposition

Application refused/dismissed for want of jurisdiction

Orders

  • Leave to refer sentence in relation to Harvie Aspden refused or, alternatively, application dismissed for want of jurisdiction.