Lewis, R. v

Under Anti-Social Behaviour, Crime and Policing Act 2014, a criminal behaviour order may be varied or discharged only by the court which made it. A sentencing court therefore has no jurisdiction to extend an order made by a different court. An extension made without that statutory power must be quashed, although the remainder of the sentence is unaffected.

The appellant pleaded guilty to several offences, principally public order offences, and received a total sentence of two years and four months’ imprisonment in the Crown Court at Caernarfon. The sentence included two years’ imprisonment for breach of a criminal behaviour order made by Caernarfon Magistrates’ Court.

At the sentencing hearing, the prosecution invited the Crown Court judge to extend that order for a further three years. The single judge refused leave to appeal against sentence except on the arguable issue whether the extension was lawful. The issue before the Court of Appeal was whether the Crown Court had power to vary an order made by the Magistrates’ Court.

1. Appeal allowed to a limited extent. The court quashed the part of the sentencing order which purported to extend the criminal behaviour order. The remaining challenge to sentence was not before the court.
2. Section 27(1) of the Anti-Social Behaviour, Crime and Policing Act 2014 confines the power to vary or discharge a criminal behaviour order to the court which made it. The relevant order had been made by Caernarfon Magistrates’ Court.
3. The Crown Court at Caernarfon was therefore not the making court and had no power or jurisdiction to extend the order. The prosecution had applied to the wrong court. The purported three-year extension was unlawful and had to be quashed.

• Court of Appeal (Criminal Division): Allowed the appeal to the limited extent of quashing the unlawful extension of the criminal behaviour order: [2019] EWCA Crim 1612.
• Crown Court at Caernarfon: On 22 March 2019 imposed a total sentence of two years and four months’ imprisonment and purported to extend the criminal behaviour order for three years.
• Caernarfon Magistrates’ Court: Made the criminal behaviour order on 13 October 2017 for three years.