London, WC2A 2LL
B e f o r e :
MR JUSTICE MADDISON
THE RECORDER OR NORWICH
|R E G I N A|
WordWave International Limited
A Merrill Communications Company
190 Fleet Street London EC4A 2AG
Tel No: 020 7404 1400 Fax No: 020 7831 8838
(Official Shorthand Writers to the Court)
Mr N Barker appeared on behalf of the Crown
Crown Copyright ©
" . . . a sentence imposed, or other order made, by the Crown Court when dealing with an offender may be varied or rescinded by the Crown Court within the period of 28 days beginning with the day on which the sentence or other order was imposed . . . "
We will refer to the period concerned simply as "the 28-day period".
"Where a merely formal variation in the sentence is made after the expiration of the time limit, which does not alter the substance or the penalty, but merely cures an irregularity in the order of the court, the amendment will not be invalid."
Two cases are cited in Archbold in support of this principle and have been referred to in the skeleton arguments put before us. The first is the case of Saville 70 Cr.App.R 204 and the second is the case of Norman EWCA Crim 1792,  1 Cr App R(S) 82
"On an appeal against sentence the Court of Appeal, if they consider that the appellant should be sentenced differently for an offence for which he was dealt with by the court below may --
(a) quash any sentence or order which is the subject of the appeal; and
(b) in place of it pass such sentence or make such order as they think appropriate for the case and as the court below had power to pass or make when dealing with him for the offence;
but the Court shall so exercise their powers under this subsection that, taking the case as a whole, the appellant is not more severely dealt with on appeal than he was dealt with by the court below."