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England and Wales decisions
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Rossitter, R. v [2026] EWHC 1156 (SCCO) (14 May 2026)
Appeal over counsel’s fees for committal-for-sentence hearings was dismissed. The court held that standard fixed fees were adequate and the escape clause did not apply.
An advocate’s appeal for higher fees under the Criminal Legal Aid Regulations was dismissed. The court held the fixed fee scheme applied and no escape clause was justified.
The Crown Court's failure to comply with section 17A of the Magistrates' Court Act 1980 rendered subsequent proceedings a nullity; prosecution for possession with intent to supply after conviction for simple possession constituted abuse of process; the Crown Court could not properly vacate the guilty plea entered in the Magistrates' Court; sentences for possession offences were manifestly excessive and adjusted accordingly.
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The case involved multiple alleged breaches and a committal for sentence following a magistrates’ court trial, making paragraph 15(c) the applicable provision rather than paragraph 18.
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The Recorder erred in law by backdating the disqualification period and by failing to apply the statutory maximum for interim disqualification. The committal and sentence for the Bail Act offence were also unlawful due to procedural defects and statutory requirements. The Court substituted the correct period of disqualification and quashed the unlawful committal and sentence for the Bail Act offence, imposing a conditional discharge instead.
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Procedural or recording errors in the magistrates’ court’s sending or committal process do not deprive the Crown Court of jurisdiction if the underlying order was validly made and the statutory requirements were complied with. The actual proceedings and powers exercised by the magistrates’ court are determinative, not the accuracy of the sending sheet or record. Sentences imposed were not manifestly excessive except for the extended licence period in Jenkins, which exceeded the statutory maximum.
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Where the magistrates’ court record contains a resulting error but the evidence (including the Better Case Management Form and legal adviser’s note) shows the correct order was made, the Crown Court has jurisdiction to sentence. If the record is bad on its face and there is no clear evidence of the correct order, the Crown Court may either treat the case as remaining in the magistrates’ court (not functus officio) or, if satisfied, proceed to sentence. The decision in R v Clark should not be followed.
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R v Chapel [2023] EWHC 3364 (SCCO) (29 November 2023)
The High Court SCCO held that the correct legal aid fee category was paragraph 15(c), not paragraph 18, and allowed the appeal.
Director of Public Prosecutions v The Crown Court At Luton (Rev1) [2023] EWHC 2464 (Admin) (06 October 2023)
The Divisional Court quashed two Crown Court rulings that had declined jurisdiction to sentence after magistrates’ court sending errors, and addressed how such errors may be corrected.
Crowther v The Lord Chancellor [2022] EWHC 2356 (SCCO) (14 September 2022)
The court dismissed an appeal over legal aid fees, holding that only one fixed fee was payable where sentencing on indictment and committal for sentence were heard together.
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