Darren Riley [2019] EWCA Crim 816

“On 21 February Her Honour Judge Downing sentenced this offender. On 26 February the Crown Prosecution Service submitted a request for a transcript of the sentencing hearing. It was made on standard form and requested an urgent transcript overnight, for which the Crown Prosecution Service were prepared to pay, the purpose being for consideration of an unduly lenient sentence.

The matter was placed before Judge Downing who refused the request. When the matter was pressed, she gave reasons which it is unnecessary for this court to recite. Suffice it to say that we are entirely satisfied that there was absolutely no good reason to refuse to grant the order for this transcript.

The provision that the judge must consider a request for transcript applies in many circumstances and could be made by a journalist or any other person interested in the proceedings and therefore it is appropriate that in those circumstances a degree of discretion should be exercised.

But where the Attorney General, pursuant to his statutory responsibilities, seeks a transcript in order fully to be aware of the context of the sentencing hearing, bearing in mind his public interest, it is inimical to that interest for a judge to purport to limit the information that he should be provided with for that purpose or for him or herself to seek to reflect the interests of the public purse by making any order restricting that which the Attorney General seeks.

We trust that this problem will not arise in the future.”