West Yorkshire Probation Board v Robinson & Tinker [2009] EWHC 2468 (Admin) (20 July 2009)

West Yorkshire Probation Board v Robinson & Tinker [2009] EWHC 2468 (Admin) (20 July 2009)

The warning issued under the relevant schedules of the Criminal Justice Act 2003 does not operate as a punishment or expunge the initial breach; both the original and subsequent breaches may be included in the information laid before the court.

Citation
[2009] EWHC 2468 (Admin)
Parties
Claimant: West Yorkshire Probation Board; Defendant: Robinson & Tinker
Jurisdiction
England and Wales
Judgment Date
20 July 2009
Procedural Posture
Case Stated (judicial Review) / High Court Appeal From Magistrates' Court
Outcome
Appeal allowed; decision of the magistrates and district judge quashed.
Legal Topics
Breach of Suspended Sentence Order, Breach of Community Order, Statutory Construction, Probation Service Powers
Criminal Law Sentencing Breach of Suspended Sentence Order Breach of Community Order Statutory Construction Probation Service Powers

Case Brief

Summary, issues, holding and outcome

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Parties

West Yorkshire Probation Board

Claimant

Robinson & Tinker

Defendant

Procedural Posture

Case Stated (judicial Review) / High Court Appeal From Magistrates' Court

Legal Issues

  1. 1 Whether a probation officer may include both the original and subsequent breaches in the information laid before the court after a warning under the Criminal Justice Act 2003
  2. 2 Whether the warning for a first breach constitutes a punishment or expunges the initial breach

Ratio Decidendi

The warning issued under the relevant schedules of the Criminal Justice Act 2003 does not operate as a punishment or expunge the initial breach; both the original and subsequent breaches may be included in the information laid before the court.

Court Disposition

Appeal allowed; decision of the magistrates and district judge quashed.

Orders

  • Matter remitted to the Magistrates' Court for further action if necessary.
  • Costs to be assessed on a legal aid basis.