Regina v Sean Fitton

Regina v Sean Fitton

The Defendant never entered a plea, so the case cannot be classified as a guilty plea. The technical requirements for a cracked trial are satisfied as a plea and case management hearing took place, the case did not proceed to trial, and the prosecution offered no evidence, resulting in the indictment being stayed and the case closed.

Parties
Prosecutor: Regina; Defendant: Sean Fitton
Jurisdiction
England and Wales
Judgment Date
09 June 2022
Procedural Posture
Criminal Costs Appeal / Appeal From Determining Officer Under Regulation 29 of the Criminal Legal Aid (remuneration) Regulations 2013
Outcome
appeal allowed
Legal Topics
Litigator’s Graduated Fee Scheme, Cracked Trial, Guilty Plea, Costs Assessment
Criminal Law Legal Aid Costs Litigator’s Graduated Fee Scheme Cracked Trial Guilty Plea Costs Assessment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Regina

Prosecutor

Sean Fitton

Defendant

Procedural Posture

Criminal Costs Appeal / Appeal From Determining Officer Under Regulation 29 of the Criminal Legal Aid (remuneration) Regulations 2013

Legal Issues

  1. 1 Whether the Appellants are entitled to a graduated fee based on a 'cracked trial' or a 'guilty plea' under the Litigator’s Graduated Fee Scheme

Ratio Decidendi

The Defendant never entered a plea, so the case cannot be classified as a guilty plea. The technical requirements for a cracked trial are satisfied as a plea and case management hearing took place, the case did not proceed to trial, and the prosecution offered no evidence, resulting in the indictment being stayed and the case closed.

Court Disposition

appeal allowed

Orders

  • Appellants' LGFS claim to be paid as a cracked trial and not a guilty plea
  • Costs of £500 plus VAT awarded to the Appellants