Spragg, Alan

Alan Spragg was convicted in September 1999 of driving whilst disqualified, using a vehicle without insurance, driving with excess alcohol, and dangerous driving.

Mr Spragg received a sentence of 33 months’ imprisonment, was further disqualified from holding a driving licence for three years, and was ordered to take an extended driving test.

The CCRC received an application for review of Mr Spragg’s sentence in July 2000. Mr Spragg’s representatives had received a letter from the Criminal Appeal Office (CAO) inviting an application to the CCRC.

The CAO indicated that the sentence passed was in part unlawful because the total sentence for two summary offences (driving with excess alcohol and driving whilst disqualified) was ten months.

It should have been no more than six months because, under section 133(1) of the Magistrates’ Courts Act 1980, the Crown Court had the powers only of the Magistrates’ Court in relation to those two summary offences.

This affected the totality of Mr Spragg’s sentence because of the consecutive nature of the sentences.

The CCRC referred the sentence in August 2000.

In August 2000 the Court of Appeal reduced the sentences for the two summary offences to three months’ imprisonment each consecutive.