R v Westbrook;R v Richardson [2020] EWCA Crim 1243 – Procedural Errors do not render a Judges Decision pronounced in open court invalid

Various procedural erros and delays had occured in the production of court orders in confiscation proceedings , this included an error with regard ot what was pronounced in open Court but the Court concluded that :

41. Section 174 of the Criminal Justice Act 2003 stipulates that sentences shall be pronounced in open court. The fact that by oversight or error a sentence or order is not pronounced in open court (as appears to be the case here) may be “a failure of good practice” as explained by Green J in R v. Billington [2017] EWCA Crim 618 , does render the sentence or order a nullity. 42. It is axiomatic that not every administrative or procedural breach renders every sentence or order a nullity (see R v Guraj (2017) 1 WLR 22 at paragraphs 14, 16 and 22; R v Johal [2013] EWCA Crim 647 ; R v T [2010] EWCA Crim 2703 ). It is only if the administrative or procedural breach would give rise to real prejudice or unfairness.