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England and Wales decisions
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Calver-Smith, R. v [2026] EWCA Crim 560 (21 April 2026)
The Court of Appeal held that the Crown Court could revoke an extant magistrates’ court community order when activating a suspended sentence, and dismissed the appeal.
The Court of Appeal held that paragraph 25(1)(b)(ii) of Schedule 10 allowed revocation of the community order when the suspended sentence was activated, and dismissed the appeal.
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.
Source excerpt
Section 11(2) of the Criminal Appeal Act 1995 entitles a defendant referred by the CCRC to an appeal by way of rehearing in the Crown Court, regardless of whether they pleaded guilty in the Magistrates’/Youth Court. There is no requirement for a preliminary application to vacate the guilty plea. The conviction stands until quashed by the Crown Court on appeal.
Source excerpt
Mir, R. v [2024] EWCA Crim 239 (23 February 2024)
The Court of Appeal held that a community order for serious Class A drug supply and breach of a Criminal Behaviour Order was unduly lenient and replaced it with custody.
Murray, R. v [2021] EWCA Crim 1441 (22 September 2021)
The Court of Appeal reduced breach sentences after holding the Crown Court had exceeded its powers when re-sentencing for breach of community orders.
Court of Appeal reduced witness intimidation sentences imposed after committal under section 6 of the 2000 Act, but upheld the harassment sentence.
Bolland, R. v [2018] EWCA Crim 1756 (17 April 2018)
The Court of Appeal reduced sentences for witness intimidation after finding the Crown Court exceeded its section 6 sentencing powers, but upheld the 3-year harassment term.
The Court of Appeal quashed and reduced some sentences because the Crown Court exceeded its powers for offences committed from the magistrates' court.
The Court of Appeal held that the Crown Court had no power to deem the Criminal Courts Charge paid by imprisonment. The appeal against sentence was dismissed.
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