Boyd (Respondent) v Public Prosecution Service for Northern Ireland (Appellant)

Hearing listed

Case summary
Appeal

Case summary

Case ID

UKSC/2024/0135

Parties

Appellant(s)

Public Prosecution Service for Northern Ireland

Respondent(s)

Lewis Boyd

Issue

Does the power of the Magistrates’ Court to ‘vary or rescind’ a sentence or order under Article 158A of the Magistrates’ Courts (Northern Ireland) Order 1981 include the power to make a new sentence or other order independent of and additional to a previous sentence or order of that court?

Facts

On 28 June 2021, the respondent pleaded guilty to possession of an offensive weapon; common assault; and criminal damage. The criminal damage charge related to damage to a rented residential property. The respondent was sentenced on 10 August 2021. At the sentencing hearing, the District Judge enquired whether the appellant, the Public Prosecution Service of Northern Ireland (“PPS”), had received an estimate of or invoice for the cost of the damage. The PPS advised neither had been received. The District Judge then imposed a probation order and a restraining order in respect of the respondent’s sentence. On 6 April 2023, following an internal review of the case, the PPS made an application under Article 158A of the Magistrates’ Courts (Northern Ireland) Order 1981. The application sought to vary the sentence ‘to include a Compensation Order’ on the basis that details of the cost of the damage had been received in September 2021, yet had only come to light following the PPS’s internal review. The respondent opposed that application. On 31 August 2023, having heard oral submissions, the District Judge granted the application and made a compensation order in the amount of £250. The District Judge initially refused to provide a stated case but was ordered to do so by the Court of Appeal in separate proceedings. The respondent thereafter appealed by way of case stated against the decision to impose a compensation order. The Court of Appeal granted the appeal and quashed the compensation order. The PPS now appeals to the Supreme Court.