Court of Criminal Appeal
| DOI | 10.1177/002201834901300304 |
| Date | 01 July 1949 |
| Published date | 01 July 1949 |
| Subject Matter | Article |
Court of Criminal Appeal
CRIMINAL
JUSTICE
ACT, 1948, s. 14 (1) (2) :
DIRECTION
THAT
DEFENDANT
REMAIN
IN
CUSTODY
UNTIL
PAYMENT
OF
FINE
R. v. Brook
AN
important
decision on
the
form of sentence which
may
be awarded under section 14 of
the
Criminal
Justice Act, 1948, was given
by
the
Court of Criminal
Appeal (Lord Goddard, C.J., Humphreys
and
Birkett
JJ.)
in R. v. Brook (1949, 1
All
E.R.
787). The short point was
that
the
Recorder
had
ordered
the
appellant to be
kept
in
custody until
payment
of a fine imposed for
larceny;
it
was held
that,
having regard to
the
alteration in
the
law
brought about
by
the
Act of 1948, he
had
no power to make
such
an
order.
Section 14 provides
that"
(1) Subject to
the
provisions
of this section, where a fine is imposed
by
. . . . . a court
of assize or
quarter
sessions, an order
may
be made
in
accordance with
the
provisions of this
section:
(a)
allowing
time for
payment
of
the
amount of
the
fine.
. .
..
(b)
directing
payment
of
the
said amount
by
instalments of
such amounts
and
on such dates respectively as
may
be
specified in
the
order;
(c)
fixing a
term
of imprisonment
which
the
person liable to make
the
payment
is
to
undergo
if
any
sum which he is liable to
pay
is
not
du1y paid or
recovered". The defendant pleaded guilty
at
quarter
sessions
to
larceny,
and
the
Recorder ordered him
to
pay
a fine of £25
and
£10 costs, directing
that
he shou1d remain
in custody until
the
fine was paid. The defendant was
unable to
pay
the
fine forthwith
and
remained in custody
for 25 days.
At
the
end of
that
time
the
Recorder directed
the
governor of
the
gaol to release
the
prisoner on his
entering into arecognisance to appear
at
the
next
quarter
sessions.
In
delivering
the
judgment of
the
Court,
the
Lord
Chief Justice referred
to
the
law
and
practice before 1948.
271
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