West Midlands Probation Board v Sutton Coldfield Magistrates' Court & Ors [2008] EWHC 15 (Admin) (11 January 2008)

West Midlands Probation Board v Sutton Coldfield Magistrates' Court & Ors [2008] EWHC 15 (Admin) (11 January 2008)

The bare fact that an appeal has been lodged cannot afford a reasonable excuse to a defendant for failing to comply with the requirements of a community order. Community orders remain in force and enforceable until quashed or amended by a competent court, and Parliament has not provided for their suspension pending appeal.

Citation
[2008] EWHC 15 (Admin)
Parties
Appellant/claimant: West Midlands Probation Board; Respondent/defendant: Sutton Coldfield Magistrates' Court; Respondent/defendant: Michael Sadler; Respondent/defendant: Hayley Daly
Jurisdiction
England and Wales
Judgment Date
11 January 2008
Procedural Posture
Appeal by Way of Case Stated / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Community Orders, Reasonable Excuse, Enforcement of Sentences, Effect of Appeal on Sentence
Criminal Law Sentencing Community Orders Reasonable Excuse Enforcement of Sentences Effect of Appeal on Sentence

Case Brief

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Parties

West Midlands Probation Board

Appellant/claimant

Sutton Coldfield Magistrates' Court

Respondent/defendant

Michael Sadler

Respondent/defendant

Hayley Daly

Respondent/defendant

Procedural Posture

Appeal by Way of Case Stated / Judgment on Appeal

Legal Issues

  1. 1 Whether the lodging of an appeal against conviction or sentence constitutes a reasonable excuse for failure to comply with a community order

Ratio Decidendi

The bare fact that an appeal has been lodged cannot afford a reasonable excuse to a defendant for failing to comply with the requirements of a community order. Community orders remain in force and enforceable until quashed or amended by a competent court, and Parliament has not provided for their suspension pending appeal.

Court Disposition

appeal allowed

Orders

  • Case remitted to the district judge with a direction that the defendants be convicted.