Williams, R. v

A Crown Court may convict a defendant, following an acquittal, of an alternative offence under section 6 of the Criminal Law Act 1967 only if that offence falls within the court’s jurisdiction. A summary offence falls within that jurisdiction only where it is specified in section 40 of the Criminal Justice Act 1988. The summary offence under section 3(1) of the Dangerous Dogs Act 1991 is not so specified. A purported Crown Court conviction for that offence as an alternative verdict must therefore be quashed for want of jurisdiction.

The applicant was tried at Snaresbrook Crown Court on an indictment alleging that he was in charge of a dog which caused injury while dangerously out of control in a public place, contrary to section 3(1) and (4) of the Dangerous Dogs Act 1991.

With counsel’s agreement, the Recorder left a lesser offence under section 3(1) to the jury. The jury acquitted the applicant of the indicted offence but convicted him of that lesser offence. Before sentence, the Recorder raised whether the Crown Court had jurisdiction to enter the alternative conviction. The application for leave to appeal against conviction was referred to the full court.

1. The court granted an extension of time and leave to appeal, and quashed the conviction.

2. Section 6(3) of the Criminal Law Act 1967 permits a jury which acquits a defendant of an offence to convict of another offence only where that offence falls within the Crown Court’s jurisdiction. A summary offence has that status only if it is specified in section 40 of the Criminal Justice Act 1988.

3. The section 3(1) offence under the Dangerous Dogs Act 1991 was not specified in section 40. The Crown Court consequently had no statutory power to deal with it as an alternative verdict, despite the parties’ agreement that it should be left to the jury.

4. The court followed the same jurisdictional conclusion reached in R v Buckley [2009] EWCA Crim 1178. The respondent did not oppose the appeal. The conviction was invalid for lack of jurisdiction and had to be quashed.

• Court of Appeal (Criminal Division): granted an extension of time and leave to appeal, then quashed the conviction for want of jurisdiction.
• Crown Court at Snaresbrook: the jury acquitted the applicant of the indicted offence under section 3(1) and (4) of the Dangerous Dogs Act 1991, but convicted him of the lesser section 3(1) offence.