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England and Wales Case Law

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Criminal law

Boyd v Public Prosecution Service for Northern Ireland

The UK Supreme Court considered whether a magistrates’ court could add a compensation order under article 158A after sentence, and whether the delay made the application unjust.

  • Variation of sentence
  • Compensation orders
  • Finality of criminal proceedings
  • Statutory interpretation
  • Criminal-sentencing
  • Compensation-orders
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Civil procedure

RIYADH NASSER ALOKAILI & Anor v BALJINDER CHOHAN & Ors

The High Court held that Mr Chohan remained in contempt for failing to fully disclose assets, found concealment of an interest in Croydon Tower, and reduced the sentence to 24 weeks.

  • Committal for contempt
  • Disclosure obligations
  • Variation of sentence
  • Asset disclosure
  • Freezing injunctions
  • Civil-contempt
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Criminal law

Cox, R. v (Rev 1)

The Court of Appeal upheld a seven-month sentence for assaulting a police officer and confirmed that a later driving disqualification remained valid.

  • Sentencing
  • Variation of sentence
  • Open justice
  • Driving disqualification
  • Curfew credit
  • Variation-of-sentence
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Criminal law [2011] EWCA Crim 906

Hudson, R. v

Hudson, R. v [2011] EWCA Crim 906 (24 March 2011)

The Court of Appeal held that a trial judge could not vary a substantive sentence outside the 56-day limit in section 155, quashing the later variation order.

  • Sentencing powers
  • Variation of sentence
  • Time limits for sentence variation
  • Correction of sentencing errors
  • Criminal-sentencing
  • Sentence-variation
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Criminal law

Hudson, R. v

The Court of Appeal held that a Crown Court judge had no power to vary a sentence after the 56-day limit in section 155 had expired, so the variation was quashed.

  • Sentencing
  • Variation of sentence
  • Powers of court
  • Time spent in custody
  • Remand
  • Appeal procedure
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Criminal law

Trigger v Northampton Magistrates Court

The High Court quashed an 8-week prison sentence imposed by magistrates under section 142, holding the power was used unlawfully 20 months after the original sentence.

  • Magistrates' court powers
  • Section 142 magistrates courts act 1980
  • Finality of sentencing
  • Variation of sentence
  • Natural justice
  • Judicial-review
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Criminal law [2009] EWCA Crim 2308

Phelps, R v

Phelps, R v [2009] EWCA Crim 2308 (15 October 2009)

The Court of Appeal reduced a contempt sentence from 24 to 21 months, holding the judge should have allowed time for reflection, mitigation, and apology before sentencing.

  • Summary procedure for contempt
  • Sentencing for contempt
  • Right to mitigation and apology
  • Variation of sentence
  • Powers of crown court
  • Contempt-of-court
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Criminal law

Phelps, R v

The Court of Appeal reduced Steven Stanley Phelps’ contempt sentence from 24 months to 21 months after violent courtroom conduct, noting the judge should have allowed reflection and mitigation.

  • Summary procedure for contempt
  • Sentencing for contempt
  • Right to mitigation and apology
  • Variation of sentence
  • Contempt-of-court
  • Criminal-sentencing
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Criminal law

Norman & Ors, R. v

Court of Appeal considered remand credit under section 240 CJA 2003, sentence variation, and dangerousness issues across six linked criminal appeals.

  • Remand credit
  • Sentencing procedure
  • Variation of sentence
  • Dangerous offenders
  • Detention and training orders
  • Concurrent and consecutive sentences
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.