[2025] EWCA Crim 1237

This is an application by His Majesty's Solicitor General, under section 36 of the Criminal Justice Act 1988 ("the 1988 Act"), for leave to refer to this court sentences on the ground that they were unduly lenient.

In brief, the offender was sentenced by His Honour Judge Levett in the Crown Court at Ipswich in 2022 to a suspended sentence order for the offence of affray. Subsequently, the offender pleaded guilty to a number of offences at the Magistrates' Court. They included: driving with drugs in excess of the limit; using threatening and abusive language; shoplifting; and a breach of a Restraining Order. He was committed to the Crown Court for sentence. In addition, he was sent to the Crown Court for trial on drugs offences, including, in particular, the offence of being concerned in the supply of a Class A drug (cocaine), to which he entered pleas of guilty. This was his third conviction for a drug trafficking offence. Accordingly, the statutory minimum provision applied, subject to an exception to which we shall return.

In due course, on 20 June 2025, the offender was sentenced by His Honour Judge Levett at the same Crown Court to a three year community order. The details of the sentences are something to which we shall return in due course. The judge imposed a rehabilitation activity requirement of 25 days and a GPS requirement of 18 months. In relation to the breach of the suspended sentence order, a nominal fine of one pound was imposed. The underlying sentence itself was not activated.