A JUDGE had to delay his sentencing of a sex offender who had confessed to his crimes because the prosecution and police did not provide any details about the case, York Crown Court heard.
Leigh Henry Smith, 35, had admitted his guilt a month earlier, probation officers had prepared a pre-sentence report on him and the victim had attended to hear the end of the case.
But the barrister representing the CPS, Austin Newman, said the organisation had not provided him with a summary of what the defendant had done to the victim.
The Recorder of York, Judge Stephen Ashurst, revealed he had not received any details either.
“I was a bit concerned when I received these papers there was not a single word from the police or the prosecution about what this case was about,” he said.
“It is wrong for the court to move immediately to sentence without there being a more careful examination about what the evidence is in this case.”
He adjourned sentence for three weeks and ordered the CPS to serve enough evidence for him to sentence, for both himself and the defence, within two weeks. The CPS is now carrying out an investigation as to why the evidence was not available at the hearing.
Smith, of Clifton Caravan Site, Clifton, walked into Fulford Road Police Station on February 18 and confessed to three offences of indecent assault. Within two days, he had been charged, appeared before York magistrates, pleaded guilty to all three offences and been committed to York Crown Court for sentence.
Jan Lamping, senior district crown prosecutor, CPS Yorkshire and Humberside, said: “I am looking into why the evidence was not available at court as a matter of urgency so that I can contact the victim with a full explanation.”
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