Alternate verdicts in racially aggravated cases
The recent case of Henderson is interesting. It was decided by the High Court and deals with cases where CPS prosecute a racially aggravated offence and its simple alternative simultaneously and the Magistrates convict of the aggravated offence.
What should happen to the simple offence? Henderson is very clear. The simple offence should be adjourned sine die. The practice of convicting of the simple offence as well and then imposing no separate penalty for it was disapproved on the basis that a defendant should not be convicted twice for the same misdeed.
Troublingly, I am told by the Court that Libra has no means of recording sine die adjudications, but that is not our concern. The law is clear.
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