Lewis, R. v [2019] EWCA Crim 1612 (19 September 2019)

The Crown Court had no jurisdiction to vary or extend the criminal behaviour order; only the Magistrates' Court which made the order could do so under the statute.

Citation: [2019] EWCA Crim 1612
Parties: Prosecution: Regina; Appellant: David Anthony Lewis
Jurisdiction: England and Wales
Judgment Date: 19 September 2019
Procedural Posture: Criminal Appeal / Appeal Against Sentence (limited Leave)
Outcome: appeal allowed in part
Legal Topics: Criminal Behaviour Order, Jurisdiction, Sentence Variation

Criminal Law Criminal Behaviour Order Jurisdiction Sentence Variation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2 Amounts and remedies 2

Parties

Regina

Prosecution

David Anthony Lewis

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence (limited Leave)

Legal Issues

1 Whether the Crown Court had jurisdiction to vary or extend a criminal behaviour order made by the Magistrates' Court

Ratio Decidendi

The Crown Court had no jurisdiction to vary or extend the criminal behaviour order; only the Magistrates' Court which made the order could do so under the statute.

Court Disposition

appeal allowed in part

Orders

That part of the sentencing order which purported to extend the criminal behaviour order is quashed.