Criminal litigation

Justices indicated that the defendant would not be committed to the crown court for sentence provided that the pre-sentence report did not disclose he was a danger to the public. Although the report stated that he was not, a district judge subsequently ordered his committal for sentence.

HELD Whenever the challenge arises, either after an indication or after a subsequent decision contrary to that indication, it is the rationality or lawfulness of the original decision that ultimately determine the issue.

Although it is the later decision that is under review, there are no circumstances in which an indication which was properly given can be overridden by a subsequent decision without that decision being regarded as irrational or unlawful.

In this case, the circumstances were capable of justifying the original decision of the justices and so effect should be given to that indication; the decision to commit the defendant for sentence would be quashed.