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SENTENCING

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31 January 2008 / Peter Hungerford-welch
Issue: 7306 / Categories: Case law , Legal services , Law digest , In Court
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West Midlands Probation Board v Sutton Coldfield Magistrates’ Court [2008] EWHC 15 (Admin), [2008] All ER (D) 03 (Jan)

 

Like any other sentence, a community order takes effect when it is imposed and it remains in full force and effect until and unless it is quashed on appeal or revoked or amended by order of the court. The lodging of an appeal does not of itself have any effect on the enforceability of the order.

 

Although the concept of “reasonable excuse” is broad, it cannot have been intended by Parliament to be stretched to include the mere fact that the defendant has lodged an appeal against the community order or the conviction on which it is based.

Issue: 7306 / Categories: Case law , Legal services , Law digest , In Court
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