![]() |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | |
England and Wales Court of Appeal (Criminal Division) Decisions |
||
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Criminal Division) Decisions >> McIntyre, R. v [2020] EWCA Crim 1297 (06 October 2020) URL: http://www.bailii.org/ew/cases/EWCA/Crim/2020/1297.html Cite as: [2020] EWCA Crim 1297, [2020] WLR(D) 557, [2020] 4 WLR 144 |
[New search] [Printable PDF version] [Buy ICLR report: [2020] 4 WLR 144] [View ICLR summary: [2020] WLR(D) 557] [Help]
Royal Courts of Justice The Strand London WC2A 2LL Tuesday 6th October 2020 |
APPEAL COURT
The Strand London WC2A 2LL |
||
B e f o r e :
MR JUSTICE JEREMY BAKER
MR JUSTICE HOLGATE
____________________
R E G I N A |
||
- v - |
||
CHRISTIAN FRANCIS McINTYRE |
____________________
Lower Ground, 18-22 Furnival Street, London EC4A 1JS
Tel No: 020 7404 1400; Email: [email protected] (Official Shorthand Writers to the Court)
Mr J Polnay appeared on behalf of the Secretary of State for Defence
Captain J Farrant RN appeared on behalf of the Service Prosecuting Authority
____________________
Crown Copyright ©
Tuesday 6th October 2020
LORD JUSTICE DAVIS:
12. The provisions do, it is true, under section 133, allow for an increase by the appropriate higher authority of the powers of punishment to a maximum of 90 days' service detention. Such an increase was granted, or purportedly granted, by Brigadier Bowder as higher authority in this case on 30th January 2017. However, what that higher authority did not purport to do, or could do, was to increase the period of detention for persons above the specified ranks of leading rate, etc. In the present case, the appellant was a full corporal in the Army Reserve. Accordingly, in such circumstances, a period of service detention was not available to the commanding officer on a summary trial.