Source: All England Reporter
Publisher Citation: [2003] All ER (D) 363 (May)
Court: Court of Appeal, Criminal Division
Judge:

Mantell LJ, Royce J and The Recorder of London

Representation Paul Hague (assigned by the Registrar of Criminal Appeals) for the defendant.
  John Philpotts (instructed by the Crown Prosecution Service) for the Crown.
Judgment Dates: 23 May 2003

Catchwords

Sentencing - Community rehabilitation order - Compensation order - Defendant sentenced to community order at hearing 106 days prior to compensation order - Lawfulness of sentence.

The Case

The defendant's compensation order had been unlawfully made outside the 28-day statutory time limit for varying his sentence, and the judge had failed to specify at the sentencing hearing that he would exercise his power to postpone for the purpose of making a compensation order or give reasons for not giving a compensation order, pursuant to s130(3) of the .

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