CC, R. v

Deliberate failure to surrender to bail, accompanied by leaving the jurisdiction, is a serious offence which may justify a sentence towards the top of the applicable range. Sentencing must nevertheless reflect the offending conduct itself. The court must distinguish the offender’s disregard of the criminal justice system from unusual conduct occurring during a trial held in the offender’s absence.

CC, a Turkish national, failed to surrender at the Crown Court on 27 July 2009 and went to Turkey. His trial for rape later proceeded in his absence and resulted in an acquittal.

After returning to England, he pleaded guilty at Leeds Crown Court to failing to surrender to bail. On 14 January 2011, Judge Hoffman imposed nine months’ imprisonment, with two days on remand credited. He appealed against sentence on the grounds that the starting point was too high and insufficient credit had been given for his guilty plea.

1. Appeal allowed. The sentence of nine months’ imprisonment was quashed and replaced with one of six months’ imprisonment.
2. The failure to surrender was serious and deliberate. By leaving the jurisdiction, the appellant showed complete disregard for the criminal justice system and the court. A sentence towards the top end of the applicable bracket was therefore justified.
3. The sentencing assessment had, however, to distinguish that offending from the appellant’s unusual conduct in conducting the rape trial while outside the jurisdiction. The Court regarded the case as most unusual, and probably unique. In those circumstances, nine months was too high and six months met the justice of the case.

• Court of Appeal (Criminal Division): allowed the sentence appeal and substituted six months’ imprisonment: [2011] EWCA Crim 524.
• Crown Court at Leeds: following a guilty plea to failing to surrender to bail, imposed nine months’ imprisonment on 14 January 2011.