Daniel Walton [2019] EWCA Crim 905

The appellant was sent for trial under s51 of the Crime and Disorder Act 1998 for two burglaries on the basis he was subject to the minimum sentence provisions. When he appeared at Crown Court it was erroneously assumed that he had pleaded guilty and been committed to the crown court for sentence. No indictment was prepared, and he was never arraigned. He was sentenced to a total of 5 years’ imprisonment.

The proceedings before the Crown Court were invalid and amounted to a nullity, the Court lacked jurisdiction to proceed as it did. The correct course was to quash the convictions and sentences and remit to the Crown Court for determination. Mr Justice Kay then sat as a judge of the Crown Court and proceeded to deal with the defendant, imposing 4 years’ imprisonment.