This week’s Digest considers two judgments of the Court of Appeal (Criminal Division). In Roberts the Court discussed the question of whether an applicant previously found unfit to plead could seek to appeal in person, while in Ali the Court assessed to what extent the sentencing guidelines for fraud were applicable to defendants convicted of fraudulent trading.

R v Roberts [2019] EWCA Crim 1270

The judgment of Davis LJ, dated 17 July 2019, is available here.

In this case the Court considered whether an applicant, previously found unfit to plead by virtue of being unable to sufficiently understand the course of proceedings, could seek to appeal by acting in person. The Court held that such an applicant was not competent to appeal in person, but could only appeal through a representative appointed by the court, whose professional role it would be to consider whether an appeal might validly lie. A number of procedural points followed: such a person was not competent to waive privilege, could not appeal on the standard appeal form NG, and could not be granted a legal aid certificate. A person could always demonstrate that they had recovered mental capacity, if appropriate, through the provision of fresh psychiatric evidence.

Duncan Atkinson QC acted as Amicus Curiae.

 

R v Ali and ors [2019] EWCA Crim 1263

The judgment, available here, was handed down by Singh LJ on 11 July 2019.

The three appellants, Mr Ali, Mr Syed, and Mr Mashuk, were each convicted of one count of fraudulent trading contrary to section 993 of the Companies Act 2006. They were sentenced to 28 months’ imprisonment each. They appealed against their sentences. The Court of Appeal dismissed their appeals. While there existed no sentencing guidelines for fraudulent trading specifically, the sentencing guidelines for fraud were still applicable and their application by the sentencing judge to the present cases could not be faulted.

 

OTHER NEWS

 
Whitehall ponders new identity verification scheme

 

Financial pressures force closure of London law centre

 

Justice Secretary urges successor to scrap short prison terms

 

 

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