R v Booton

Facts

Mr Balbir Singh, counsel, represented Christopher Booton in proceedings before the Crown Court at Worcester, the defence being funded by criminal legal aid under a representation order dated 28 November 2024. The Defendant initially faced an indictment jointly with his father, Philip Booton, containing six counts of conspiracy to produce class C drugs and one of conspiracy to produce class A drugs, together with five counts against the Defendant alone of fraudulent evasion of a class C drug contrary to section 170(2) of the Customs and Excise Management Act 1979. At a plea and trial preparation hearing on 2 January 2025 no arraignment took place, the prosecution having indicated that the charges required review; the hearing was adjourned, and at a further PTPH on 10 February 2025 the prosecution explained that two further defendants, the Defendant's wife Hollie Booton and Reece Wilkes, were to be charged and sent up, and that the indictment was not in final form. On 13 March 2025 the two additional defendants were joined, the earlier indictment was quashed and a new indictment was preferred charging conspiracy to possess drugs with intent to supply and fraudulent evasion of a prohibition on exportation. The Determining Officer treated the matter as a single case under the Advocates' Graduated Fee Scheme. Counsel appealed, contending that there had been two indictments and so two cases, the first having ended in a cracked trial.