Leitch & Ors, R. v [2024] EWCA Crim 563 (22 May 2024)

Leitch & Ors, R. v [2024] EWCA Crim 563 (22 May 2024)

Administrative amendments to sentences or orders not pronounced in open court are of no legal effect; the sentence or order remains as pronounced in open court. Statutory and procedural requirements mandate public pronouncement of any amendment. Notification requirements and SHPO durations are governed by statute and must be pronounced in open court. The Court of Appeal cannot increase the severity of a sentence on appeal beyond that originally imposed.

Citation
[2024] EWCA Crim 563
Parties
First Appellant: Daniel Christopher Leitch; Applicant: PB; Third Appellant: Paul Fleet; Fourth Appellant: DS; Fifth Appellant: Andrew Adams; Sixth Appellant: Renny Fletcher; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
22 May 2024
Procedural Posture
Criminal Appeal / Court of Appeal (criminal Division) Judgment
Outcome
Appeals and applications allowed or dismissed as per individual cases; administrative amendments quashed where not pronounced in open court; original sentences as pronounced in open court confirmed.
Legal Topics
Administrative Amendment of Sentence, Slip Rule, Open Court Pronouncement, Sentencing Procedure, Sexual Offences, Notification Requirements, Sexual Harm Prevention Order (shpo), Dangerous Offenders, Extended Determinate Sentence, Appeal Against Sentence
Criminal Law Sentencing Administrative Amendment of Sentence Slip Rule Open Court Pronouncement Sentencing Procedure Sexual Offences Notification Requirements +4 more

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Parties

Daniel Christopher Leitch

First Appellant

PB

Applicant

Paul Fleet

Third Appellant

DS

Fourth Appellant

Andrew Adams

Fifth Appellant

Renny Fletcher

Sixth Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Court of Appeal (criminal Division) Judgment

Legal Issues

  1. 1 Whether administrative amendments to sentences not pronounced in open court are lawful and effective
  2. 2 Whether sentences imposed for offences not convicted/acquitted are valid
  3. 3 Whether extended determinate sentences and SHPOs were lawfully imposed/amended

Ratio Decidendi

Administrative amendments to sentences or orders not pronounced in open court are of no legal effect; the sentence or order remains as pronounced in open court. Statutory and procedural requirements mandate public pronouncement of any amendment. Notification requirements and SHPO durations are governed by statute and must be pronounced in open court. The Court of Appeal cannot increase the severity of a sentence on appeal beyond that originally imposed.

Court Disposition

Appeals and applications allowed or dismissed as per individual cases; administrative amendments quashed where not pronounced in open court; original sentences as pronounced in open court confirmed.

Orders

  • Quash sentences imposed for offences not convicted/acquitted (Leitch)
  • Declare administrative amendments to sentences/orders of no effect (DS, Fleet)