BHR & Anor, R. v [2023] EWCA Crim 1622 (22 November 2023)

BHR & Anor, R. v [2023] EWCA Crim 1622 (22 November 2023)

The Court of Appeal has no jurisdiction to reduce a sentence on the basis of assistance provided or offered for the first time after sentencing unless the statutory procedure is followed; the text procedure is only available where assistance was provided or offered before sentencing, and no wholly exceptional circumstances exist in these cases to justify a departure from this rule.

Citation
[2023] EWCA Crim 1622
Parties
Respondent: Rex; Applicant: BHR; Applicant: BMV; Respondent: Crown
Jurisdiction
England and Wales
Judgment Date
22 November 2023
Procedural Posture
Criminal Appeal / Application for Extension of Time and Leave to Appeal Against Sentence
Outcome
applications refused
Legal Topics
Sentence Reduction, Assistance to Law Enforcement, Text Procedure, Statutory Procedure, Appeals Process, Anonymity Orders
Criminal Law Sentence Reduction Assistance to Law Enforcement Text Procedure Statutory Procedure Appeals Process Anonymity Orders

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Parties

Rex

Respondent

BHR

Applicant

BMV

Applicant

Crown

Respondent

Procedural Posture

Criminal Appeal / Application for Extension of Time and Leave to Appeal Against Sentence

Legal Issues

  1. 1 Whether the Court of Appeal has jurisdiction to reduce a sentence where an offender provides assistance to law enforcement only after sentencing and without a statutory agreement
  2. 2 Whether exceptions exist to the general rule that assistance must be offered before sentencing to qualify for sentence reduction via the text procedure

Ratio Decidendi

The Court of Appeal has no jurisdiction to reduce a sentence on the basis of assistance provided or offered for the first time after sentencing unless the statutory procedure is followed; the text procedure is only available where assistance was provided or offered before sentencing, and no wholly exceptional circumstances exist in these cases to justify a departure from this rule.

Court Disposition

applications refused

Orders

  • Applicants' names to remain anonymised; reporting restrictions under section 11 of the Contempt of Court Act 1981
  • Applications for extension of time and for leave to appeal against sentence refused