The defendant had been subject to a curfew of twelve hours a day, and sought to have this time set off against his sentence. He said that if he had been electronically tagged, he would have been entitled to credit for this time. Held: Despite the disparity, there was no obligation to give credit in … Continue reading Regina v Barrett: CACD 4 Sep 2009
Applications for leave to appeal or appeals concern section 240A of the Criminal Justice Act 2003 which concerned the sentencing of defendants who had spent time awaiting tral under curfew. Judges: Hooper LJ, Swift DBE J, Morris QC HHJ Citations: [2009] EWCA Crim 2699 Links: Bailii Statutes: Criminal Justice Act 2003 240A Jurisdiction: England and … Continue reading Monaghan and Others v Regina: CACD 21 Dec 2009
The defendants sought to appeal against their sentences for withholding information about terrorism. Held: The factor determing the sentence was not principally the extent of the information which might have been provided, but rather the seriousness of the terrorist activity. Time which had been spent awaiting trial subject to a curfew enforced by means of … Continue reading Sherif and Others, Regina v: CACD 21 Nov 2008
Appeal against sentence of 44 weeks for burglary with intent to cause criminal damage. Credit for time spent on curfew – effect of section 240A of the 2003 Act. Citations: [2009] EWCA Crim 2213, [2010] Crim LR 159, [2010] 1 Cr App Rep (S) 87 Links: Bailii Statutes: Criminal Justice Act 2003 240A Jurisdiction: England … Continue reading Barrett, Regina v: CACD 4 Sep 2009
These several applications raised a single ground of appeal namely that the sentencing court failed to give credit under section 240A of the Criminal Justice Act 2003, as amended, for one half of the time spent by the offender on qualifying curfew before sentence. This was asked in a context where there had been delay … Continue reading Thorsby and Others v Regina: CACD 20 Jan 2015
The court gave its reasons for allowing an appeal by the defendant as to the time to be held to go towards service of his sentence of imprisonment after had had spent time before sentence subject to curfew. The sentence, imposed on 13 December 2012, was twelve months imprisonment. The judge had intended that the … Continue reading Hoggard, Regina v: CACD 20 Jun 2013
Both defendants appealed against sentence saying that the court had not given proper allowance on sentencing for the time that had spent awaiting trial under curfew and electronically tagged. Held: The appeals succeeded. Greater effort should be put into ensuring that the necessary information was properly provided for the sentencing court, and the court should … Continue reading Regina v Irving; Regina v Squires: CACD 4 Feb 2010
The court considered the interaction of sections 240 of the 2003 Act, and 67 of the 1967 Act as applied to time spent on remand. Held: The court laying down the sentence should address this issue, and declare whether all time or otherwise spent on remand should count against the sentence. If there was any … Continue reading Gordon, Regina v; Regina v Taylor etc: CACD 8 Feb 2007
The defendants sought leave to appeal against their sentences, saying that the time served calculations had not included time spent subject to curfew and otherwise. Held: ‘if a prisoner is serving a sentence for another offence at the time on which he is remanded for the offence for which he is to be sentenced, the … Continue reading Leacock and Others, Regina v: CACD 12 Nov 2013
The court considered the difficulties arising in trying under section 240 to calculate the credit to be given for time spent in custody awaiting trial, and put forward a suggested formulation. . .
