Gordon, R v

Gordon, R v

Time spent on remand must be expressly credited under s 240 Criminal Justice Act 2003 for offences committed after 4 April 2005; failure to make such an order can only be corrected within 28 days by the Crown Court, or thereafter by the Court of Appeal. Double counting of remand time is to be avoided, and the court must state reasons if credit is withheld. Where the judge's intention is clear but the calculation is wrong, the record may be amended. The appeals are allowed to the extent of correcting remand time credit as appropriate in each case.

Parties
Prosecution: R; Appellant: Gordon; Appellant: D; Appellant: Taylor; Appellant: Pusey; Appellant: Shaukat; Appellant: McManus
Jurisdiction
England and Wales
Judgment Date
08 February 2007
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeals allowed in part; sentences varied to reflect proper credit for remand time or to quash unlawful orders as appropriate
Legal Topics
Remand Time Credit, Sentencing Procedure, Statutory Interpretation, Jurisdiction of Crown Court, Appeal Process, Public Protection Sentences
Criminal Law Sentencing Remand Time Credit Sentencing Procedure Statutory Interpretation Jurisdiction of Crown Court Appeal Process Public Protection Sentences

Case Brief

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Parties

R

Prosecution

Gordon

Appellant

D

Appellant

Taylor

Appellant

Pusey

Appellant

Shaukat

Appellant

McManus

Appellant

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 How should time spent on remand be credited under s 67 Criminal Justice Act 1967 and s 240 Criminal Justice Act 2003?
  2. 2 What is the effect of errors or omissions in remand time orders?
  3. 3 What is the jurisdiction of the Crown Court to correct sentencing errors?

Ratio Decidendi

Time spent on remand must be expressly credited under s 240 Criminal Justice Act 2003 for offences committed after 4 April 2005; failure to make such an order can only be corrected within 28 days by the Crown Court, or thereafter by the Court of Appeal. Double counting of remand time is to be avoided, and the court must state reasons if credit is withheld. Where the judge's intention is clear but the calculation is wrong, the record may be amended. The appeals are allowed to the extent of correcting remand time credit as appropriate in each case.

Court Disposition

appeals allowed in part; sentences varied to reflect proper credit for remand time or to quash unlawful orders as appropriate

Orders

  • In Gordon, the order to serve the unexpired portion of the original sentence is quashed; sentence for conspiracy set at 3 years from 2 June 2006.
  • In Taylor, 8 days' remand time to be credited under s 240.