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.
