R v Reece Calver-Smith

R v Reece Calver-Smith

The power in Paragraph 25(1)(b)(ii) of Schedule 10 to the Sentencing Act 2020 extends to the situation where a suspended sentence order, imposed upon committal for sentence, is activated. The appellant appeared before the Crown Court having been committed by a magistrates' court for sentence, so the Recorder had lawful power to revoke the Community Order and re-sentence.

Parties
Appellant: Reece Calver-Smith; Respondent: Rex
Jurisdiction
England and Wales
Judgment Date
21 April 2026
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
appeal dismissed
Legal Topics
Community Orders, Suspended Sentence, Powers of Crown Court, Revocation of Orders
Criminal Law Sentencing Community Orders Suspended Sentence Powers of Crown Court Revocation of Orders

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Parties

Reece Calver-Smith

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the Crown Court had power under Paragraph 25 of Part 5 of Schedule 10 to the Sentencing Act 2020 to revoke a community order imposed by a magistrates' court when activating a suspended sentence.

Ratio Decidendi

The power in Paragraph 25(1)(b)(ii) of Schedule 10 to the Sentencing Act 2020 extends to the situation where a suspended sentence order, imposed upon committal for sentence, is activated. The appellant appeared before the Crown Court having been committed by a magistrates' court for sentence, so the Recorder had lawful power to revoke the Community Order and re-sentence.

Court Disposition

appeal dismissed

Orders

  • The appeal against sentence is dismissed.