Giles Fleming: ‘consecutive sentences for summary offences can exceed 6 months in limited circumstances’

There are several interesting points in the recent Court of Appeal judgement in the case of Jex [2021] EWCA Crim 1708. One that may get missed is a re-statement of a little-known rule regarding consecutive sentences for summary-only offences: where a Magistrates’ Court sentences for multiple summary offences, but at the same time also sentences for two or more either way offences, even the summary matters can be made consecutive up to a 12 month overall maximum. The usual 6-month total limit for multiple summary offences is lifted. The same applies on a committal for sentence, even if the Crown Court is restricted to Magistrates’ powers. See paragraph 40 onwards.

Giles Fleming is a barrister at Drystone Chambers.