R v St Helen's Justices, ex parte Jones ; R v Ealing Justices, ex parte Saleem ; R v Stoke on Trent Justices, ex parte Wilby ; R v Manchester City Justices, ex parte Lee ; R v Greenwich Justices, ex parte Wright ; R v Same, ex parte Davidson
| Jurisdiction | England & Wales |
| Judgment Date | 18 November 1998 |
| Date | 18 November 1998 |
| Court | Divisional Court |
Queen's Bench Divisional Court
Before Lord Justice Brooke and Mr Justice Sedley
Criminal procedure - defective order for committal in default of fine - High Court has no power of substitution
The High Court had no power under section 43(3) of the Supreme Court Act 1981 to make an order substituting a period of custody, imposed by magistrates on a defective order for committal in default of a fine made on conviction, with a shorter period of custody.
The Queen's Bench Divisional Court so held when granting applications by Marlene Jones, Quenishi Saleem, Lisa Wilby, Sheila Lee, Stanley Wright and Sonia Davidson for consent orders quashing the decisions made by St Helen's Justices on September 27, 1995; Ealing Justices on September 26, 1996; Stoke on Trent Justices April 19, 1994; Manchester City Justices on August 30, 1994; Greenwich Justices on October 22, 1996 and June 28, 1997 respectively, to order committal of the applicants to custody in default of the payment of fines, but dismissing their applications to substitute the term of custody imposed under the orders with the term of custody actually served.
Section 43 of the 1981 Act provides:"(1) Where a person who has been sentenced for an offence - (a) by a magistrates' court; or (b) by the crown court after being convicted of the offence by a magistrates' court and committed to the crown court for sentence; or (c) by the crown court on appeal against conviction or sentence, applies to the High Court in accordance with section 31 for an order of certiorari to remove the proceedings of the magistrates' court or the crown court into the High Court, then, if the High Court determines that the magistrates' court or the crown court had no power to pass the sentence, the High Court may, instead of quashing the conviction, amend it by substituting for the sentence passed any sentence which the magistrates' court or, in a case within paragraph (b), the crown court had power to impose."
"(3) Subsections (1) and (2) shall, with the necessary modifications, apply in relation to any order of a magistrates' court or the crown court which is made on, but does not form part of, the conviction of an offender as they apply in...
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