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15 November 2007
Issue: 7297 / Categories: Case law , Law digest
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CRIMINAL LITIGATION

R v Majury; R v Burbridge; R v Parkes [2007] All ER (D) 42 (Nov)

The defendants had committed offences in breach of suspended sentences and the magistrates had purported to commit them to the crown court pursuant to paras 8(6) and 11(2) of Sch 12 to the Criminal Justice Act 2003 for sentence in relation to the suspended sentence and the new offences. 

HELD Para 8(6) only relates to a breach of a suspended sentence order, or a failure to comply with such an order, where the magistrates’ court have the power under para 11 to deal with the defendant in respect of the suspended sentence.

It did not apply to a breach of a suspended sentence order which was passed by the crown court and where the breach of that order was due to the commission of new offences. Paragraph 11(2) does not apply to the new offences which were committed in breach of a suspended sentence order. Accordingly, the crown court did not have the power to deal with the new offences.

Issue: 7297 / Categories: Case law , Law digest
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MOVERS & SHAKERS

Sackers—Zak Ullah

Sackers—Zak Ullah

Sackers welcomes new associate

Christy Davies—Birmingham Law Society

Christy Davies—Birmingham Law Society

Ward Hadaway lawyer joins Birmingham Law Society Council

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons expands Chelmsford commercial litigation team with two appointments

NEWS
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Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
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