Lewis, R. v

Lewis, R. v

The Crown Court lacked jurisdiction to vary the criminal behaviour order; only the Caernarfon Magistrates' Court could do so under section 27(1) of the Anti-Social Behaviour, Crime and Policing Act 2014.

Parties
Prosecution: Regina; Appellant: David Anthony Lewis
Jurisdiction
England and Wales
Judgment Date
19 September 2019
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed in part
Legal Topics
Criminal Behaviour Order, Variation of Orders, Jurisdiction
Criminal Law Criminal Behaviour Order Variation of Orders Jurisdiction

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Parties

Regina

Prosecution

David Anthony Lewis

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

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

Ratio Decidendi

The Crown Court lacked jurisdiction to vary the criminal behaviour order; only the Caernarfon Magistrates' Court could do so under section 27(1) of the Anti-Social Behaviour, Crime and Policing Act 2014.

Court Disposition

appeal allowed in part

Orders

  • The purported extension of the criminal behaviour order is quashed