Challenge to conviction based upon evidence as to contents of evidence bags where there was a discontinuity in its custody. Counsel complained that he had been badgered by the stipendiary magistrate into revealing his defence in advance. Held: Though the evidence was conflicting, the court had to proceed on the assumed basis of counsel’s assertions. … Continue reading Regina v Horseferry Road Justices ex parte Hillier: Admn 9 Oct 1998
Citations: [1999] EWHC Admin 613 Links: Bailii Statutes: Drug Trafficking Act 1994 42(1), Magistrates Courts (Detention and Forfeiture of Drug Trafficking Cash) Rules 1991 (1991 No 1923) Jurisdiction: England and Wales Cited by: Appeal from – Regina v Luton Justices ex parte Abecasis CA 30-Mar-2000 Although the rules specified that a form should be used … Continue reading Regina v Luton Justices ex parte Abecasis: Admn 29 Jun 1999
Although the rules specified that a form should be used when making application to extend the time for which money could be held pending an application under the Act for its forfeiture, there was no enforceable duty to prove that the form had been used, and its absence was not a fatal flaw in the … Continue reading Regina v Luton Justices ex parte Abecasis: CA 30 Mar 2000
The court confirmed the continued right of private prosecution. Watkins LJ set out section 6 of the 1985 Act and observed: ‘These provisions clearly envisage that persons other than the Director may institute proceedings and prosecute. As Mr Lawson said, and I accept, it would indeed be surprising if that were not so. One has … Continue reading Regina v Stafford Justices ex parte Customs and Excise Commissioners: 1991
A witness by the name of Hughes said that he was overtaken at considerable speed by a Renault 25 with a registration number beginning C7. Held: The peculiar risks of mistaken facial identification do not apply to the same extent to evidence of sightings of other objects, such as a motor car.Glidewell LJ said: ‘Mr. … Continue reading Regina v Browning: CACD 1991
The defendants were alleged to be members of the IRA who had been found near to the home of Secretary of State for Northern Ireland. They were charged with conspiracy to murder. They did not give evidence. During closing speeches in a terrorist trial, the Secretary for Northern Ireland and Lord Denning took part in … Continue reading Regina v McCann and Others: CACD 1991
The applicant had given no evidence at trial and agreed that witnesses who might have assisted him should not be called. He had not been honest with his legal representatives at trial. Held: McCowan LJ said: ‘On the one hand, this is a case of a man who has advanced an admittedly lying defence and … Continue reading Regina v Richardson: CACD 9 May 1991
The defendant was accused of a sexual offence alleged to have been committed some 15 years earlier. He asked the magistrates to dismiss the charge as an abuse of process, and now appealed their refusal. Held: The onus was on the accused to show, to a civil standard that a fair trial could not now … Continue reading Regina v Telford Justices, ex parte Badhan: CACD 1991
Judges: Lord Justice Nolan And Justice Roch Citations: [1991] EWHC 1 (QB), [1991] Crim LR 699, [1991] 3 All ER 439, (1992) 94 Cr App R 272, (1991) 155 JP 1003, [1991] 3 WLR 235, [1991] RTR 271, [1991] 2 QB 532 Links: Bailii Statutes: Prosecution of Offences Act 1985 23(3), Costs in Criminal Cases … Continue reading Director of Public Prosecutions v Denning and Another: QBD 7 Mar 1991
The appellant had been released on licence during his sentence but then recalled. He contended that the effect of the newly introduced section 50A was a retrospective increase in his sentencce. Judges: Lord Nueberger MR, Moses, Munby LJJ Citations: [2010] EWCA Civ 848, [2010] 1 WLR 2380 Links: Bailii Statutes: Criminal Justice Act 1991 50A, … Continue reading Robinson, Regina (on The Application of) v Secretary of State for Justice: CA 19 May 2010
Challenge to decision to refuse early release from prison of the claimant. Judges: Pill, Wilson, Sullivan LJJ Citations: [2010] EWCA Civ 1115 Links: Bailii Statutes: Criminal Justice Act 1991 Jurisdiction: England and Wales Prisons Updated: 25 August 2022; Ref: scu.425301
The Court considered the procedures when a prisoner is kept in solitary confinement, otherwise described as ‘segregation’ or ‘removal from association’, and principally whether decisions to keep the appellants in segregation for substantial periods were taken lawfully. Held: The segregation was not authorised by the applicable legislation: ‘rule 45 . . (1) enables the governor … Continue reading Bourgass and Another, Regina (on The Application of) v Secretary of State for Justice: SC 29 Jul 2015
The prisoner complained of the power given to the defendant to block the early release of prisoners sentenced between certain dates for serious offences, saying that such a decision was for the courts only. Held: The provision was incompatible with the claimant’s human rights. Judges: Lord Justice May, Lord Justice Latham and Lord Justice Moore-Bick … Continue reading Black, Regina (on the Application of) v Secretary of State for Justice: CA 15 Apr 2008
The defendant was charged with driving with excess alcohol and being in charge of a vehicle with excess alcohol. It was clear that on the facts the former charge included the latter. The magistrates found the facts proved but convicted only on the driving charge and acquitted on the lesser charge. The prosecutor appealed by … Continue reading Director of Public Prosecutors v Gane: Admn 1991
The applicant was a Moroccan national who arrived in Belgium in 1965 when he was aged under 2. In 1984, nineteen years later, after a career of juvenile crime, he was deported, but the deportation order was suspended in 1989 and he returned to Belgium. He complained that his deportation had violated his right to … Continue reading Moustaquim v Belgium: ECHR 18 Feb 1991
An appeal under section 159 can be made even after the reporting restriction order has been discharged. Judges: Lord Lane CJ Citations: [1991] 1 WLR 4 Statutes: Criminal Justice Act 1988 159 Jurisdiction: England and Wales Cited by: Cited – Sarker, Regina v CACD 13-Jun-2018 The defendant was to face trial under the 2006 Act. … Continue reading Ex parte Central Independent Television: 1991
A restraint order had been made against O in an action under the 1988 Act. He sought a variation. On the application of the prosecutor he was ordered to file an affidavit of means. He sought to appeal, but the prosecutor said no appeal lay. Held: An appeal was possible. It succeeded only to the … Continue reading In Re O (Restraint Order: Disclosure of Assets): 1991
An offence charged was a contravention of the 1971 Act. Observing that the criminal enterprise with which the appellants were concerned was the whole network or chain of supply, right up to the end of the chain where the harmful effects were to be felt, the court. Held: ‘The underlying mischief at which these provisions … Continue reading Clements v HM Advocate: 1991
(Supreme Court of Canada) The Crown had decided not to call a witness who was considered unworthy of credit by Crown counsel. The witness could have given evidence directly relevant to the issues arising at the trial. The Crown also refused to disclose the statements of the witness to the defence. Held: Crown counsel misconceived … Continue reading Regina v Stinchcombe: 1991
In order to use the power to issue a warrant of commitment, committing the defaulter to custody, the court must conduct a fair and public hearing to decide what is the appropriate order to make in all the circumstances. The power to issue the warrant is discretionary. Such a warrant is a mode of enforcement … Continue reading Regina v Harrow Justices ex parte Director of Public Prosecutions: 1991
Damages were awarded for a breach of statutory duty where the claimant had suffered loss or damage by reason of the breach. The publication at issue went beyond reporting and ‘it reached deeply into the substance of the matter which the court had closed its doors to consider’. A mental health review tribunal is a … Continue reading Pickering v Liverpool Daily Post and Echo Newspapers plc: HL 1991
The defendant had given a positive breath test. The laboratory test showed a urine/alcohol proportion above the prescribed limit. He was warned that proceedings were possible. The summons was issued within the six months’ period prescribed by the Act, but service was delayed for over two years. He objected that any hearing would be contrary … Continue reading Regina v Oxford City Justices, ex parte Smith: QBD 1982
The divisional court should intervene where a defendant has been deprived of a fair opportunity to present his case because of his own unavoidable absence. Citations: [1991] Crim LR 848, [1991] 155 JP 612 Cited by: Cited – Ronald and John Popely and Another v D G Scott (Kent County Council) Admn 21-Dec-2000 This was … Continue reading Regina v Bolton Magistrates’ Court, ex parte Merna; Regina v Richmond Justices, ex parte Haines: 1991
Where an identification depends upon the recognition by the witness of a person or persons previously known to him, the jury should be reminded that there is remains a risk for mistake in such cases. Many people have experienced thinking that they had seen someone in the street whom they knew, only to discover that … Continue reading Regina v Bentley: CACD 1991
The court considered what would constitute a child being ‘settled’ under the 1985 Act: ‘I now turn to the last matter, which is art. 12, as to whether in these circumstances it has been demonstrated that Katharine in now settled in her new environment. Mr Karsten submitted that the President made no finding on this … Continue reading Re S (A Minor) (Abduction): CA 1991
Evidence in support of an application for a witness’ statement which was to be read out, should be supported by oral evidence, though that may properly be given by a police officer. Citations: (1991) 92 Cr App R 98 Statutes: Criminal Justice Act 1988 23(3) Jurisdiction: England and Wales Cited by: Cited – Lobban, Regina … Continue reading Regina v Acton Justices ex parte McMullen and others: CACD 1991
(Supreme Court of Canada) Sopinka J described the fruits of a police investigation as: ‘not the property of the Crown for use in securing a conviction, but the property of the public to be used to ensure that justice is done.’ Judges: Sopinka J Citations: (1991) 68 CCC (3d) Cited by: Cited – Regina v … Continue reading Regina v Stinchombe: 1991
The court considered sentencing for manslaughter where, following an argument, the deceased was struck with a clenched fist in the middle of his face and was knocked over, so that his head struck the kerbstone and his skull was fractured with fatal results. Held: Watkins LJ said ‘If one were to look at the matter … Continue reading Regina v Goodchild: CACD 12 Aug 1991
1. Sections 32 to 40 of the Criminal Justice Act 1991 come into force on 1 October 1992. They make radical changes with regard to sentences. 2. Remission is abolished. 3. Parole will affect only those sentenced to four years’ imprisonment and above. 4. Where the sentence of the court is less than four years … Continue reading Practice Statement (Crime: Sentencing): LCJ 1992
Magistrates returning prisoner on licence to prison because of other offences did not impose further sentence by doing so. Citations: Times 21-Jul-1997, [1997] EWHC Admin 589 Statutes: Criminal Justice Act 1991 40, Magistrates Courts Act 1980 133 Jurisdiction: England and Wales Criminal Sentencing Updated: 28 April 2022; Ref: scu.88350
The prisoner challenged the decision to place him in segregation under Prison Rule 43. Under rule 43(1) the initial power to segregate was given to ‘the governor’. The case arose from the fact that the governor of one prison had purported to authorise the segregation of a prisoner on his arrival at another prison to … Continue reading Regina v Deputy Governor of Parkhurst Prison, Ex parte Hague, Weldon v Home Office: HL 24 Jul 1991
The magistrates had no power under the new Act to deal with an offender for a breach of a probation order made under the old regime, unless he or the supervising officer so requested. The earlier provision were now repealed. Citations: Times 23-Feb-1993 Statutes: Criminal Justice Act 1991 Sch13 Criminal Practice, Magistrates Updated: 09 April … Continue reading Regina v Ipswich Justices Ex Parte Best: QBD 23 Feb 1993
Magistrates dealing with offences committed whilst on licence should either deal with all matters or remit to Crown court. Citations: Times 15-Jul-1997 Statutes: Criminal Justice Act 1991 40 Criminal Sentencing Updated: 09 April 2022; Ref: scu.86260
Practice Direction by Lord Chief Justice on how judges should use discretionary life sentences. Citations: Gazette 10-Mar-1993 Statutes: Criminal Justice Act 1991 34 Criminal Sentencing Updated: 09 April 2022; Ref: scu.84932
The allegation was of a serious assault on the defendant’s wife. The prosecution considered she would not be a reliable witness, and did not call her. Other evidence being inadmissible, the defendant was acquitted. The AG appealed. Held: There is no rider in law to the res gestae exception disapplying the exception if better (or … Continue reading Regina v W (Reference Under Section 36 of the Criminal Justice Act 1972): CACD 8 May 2003
Extended Determinate Sentence created Other Status The prisoner was subject to an extended determinate sentence (21 years plus 4) for 10 offences of rape. He complained that as such he would only be eligible for parole after serving two thirds of his sentence rather than one third, and said that this was discriminatory. Held: The … Continue reading Stott, Regina (on The Application of) v Secretary of State for Justice: SC 28 Nov 2018
Tenants invited the court to construe the terms of a rent review provision in the sub-underlease under which they held premises. The provision had been construed in a sense adverse to them in earlier proceedings before Walton J, but they had been unable to challenge his decision on appeal. Later cases threw doubt on his … Continue reading Arnold v National Westminster Bank Plc: HL 1991
The defendant sought judicial review of an order made in 1998 issuing a warrant for his committal for failure to pay a confiscation order made in 1991. He had served 6 years imprisonment, and in default of payment a further 18 months. He was released but only contacted in 1996 in relation to the outstanding … Continue reading Regina v Chichester Justices ex parte Crowther: Admn 14 Oct 1998
The applicant was in breach of his community service order. He applied for legal aid, on the basis that he risked losing his liberty. At the hearing the officer indicated he was not seeking revocation of the order. The court refused legal aid. ‘Proceedings for breach of a community service order – and I would … Continue reading Regina v Harlow Justices ex parte Gumble: Admn 21 Oct 1997
The two applicants were serving life sentences for murder. Each sought damages for the unlawful withdrawal of their rights to vote in elections, and the failure of the British parliament to take steps to comply with the judgment. Held: The appeals failed.Lord Mance summarised the reasons for his conclusions: ‘(A) Human Rights Act In respect … Continue reading Chester, Regina (on The Application of) v Secretary of State for Justice: SC 16 Oct 2013
The father applied to the court to have the media excluded from the hearing into the residence and contact claims relating to his daughter. Held: It was for the party seeking such an order to justify it. In deciding whether or not to exclude the press in the welfare or privacy interests of a party … Continue reading Child X (Residence and Contact- Rights of Media Attendance) (Rev 2): FD 14 Jul 2009
In each case the prisoners challenged their transfer to cellular confinement or segregation within prison or YOI, saying that the transfers infringed their rights under Article 6, saying that domestic law, either in itself or in conjunction with recent decisions of the European Court of Human Rights, acknowledged that serving prisoners have a right to … Continue reading King, Regina (on The Application of) v Secretary of State for Justice: CA 27 Mar 2012
The appellant complained that the system for considering the release of a life prisoner did not comply with the Convention when the decision was made by the Secretary of State and not by the Parole Board, or the court. The Board had recommended his release, but that had been overriden by the respondent. had not … Continue reading Black, Regina (on the Application of) v Secretary of State for Justice: HL 21 Jan 2009
There was no violation of Article 6 where the statement of a co-habitee was read at the trial without her being called to give evidence but, in Austrian law, a co-habitee cannot be compelled to be a witness and the court said that the right on which . .
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Challenge to calculation of servable sentence term. Judges: Dobbs J Citations: [2007] EWHC 1085 (Admin) Links: Bailii Statutes: Criminal Justice Act 2003 181 244, Criminal Justice Act 1991, Criminal Justice Act 2003 (Commencement No 8 and Transitional and Savings Provisions) Order 2005 14 Jurisdiction: England and Wales Cited by: Cited – Noone, Regina (on the … Continue reading Highton, Regina (on the Application of) v Her Majesty’s Youth Offender Institute Lancaster Farms and Another: Admn 17 Apr 2007
The applicants were prisoners who sought judicial review of the use made by the Parole Board of its powers to review their sentences, saying that the Parole Board was not sufficiently independent of the government to guarantee their human rights. Held: The applications succeeded, and the court gave a declaration that the applicants’ rights under … Continue reading Brooke and others v The Parole Board: Admn 7 Sep 2007
A prisoner who was detained ‘during HM pleasure’ is to be allowed to see all reports before the Parole Board considering his release save those for which Public Interest Immunity Certificate has been given. Citations: Times 27-Apr-1993, Independent 11-Jun-1993 Statutes: Criminal Justice Act 1967 4, Criminal Justice Act 1991 34 Jurisdiction: England and Wales Prisons, … Continue reading Regina v Secretary of State for the Home Department and Another, ex parte Singh (Prem): QBD 27 Apr 1993
The defendant appealed against sentence after conviction for attempted rape. He said that the offence, being charged under the 1981 Act was not a sexual offence, and neither was it a violent one within the 1991 Act. Held: The appeal failed. Attempted rape is a sexual offence under the 1956 Act. Attempted rape was to … Continue reading Regina v Robinson: CACD 27 Nov 1992
The applicant had been sentenced to 18 months. Having already spent 14 months on remand he was immediately freed under 33(1). Because of concern at his mental health, he was immediately recalled under 39(2). Some days later, it was realised that this arrest was unlawful, and he was therefore released again. The day after his … Continue reading Biggs, Regina (on the Application of) v Secretary of State for the Home Department: Admn 20 May 2002
The claimant appealed against dismissal of his claim in defamation against the defendant. He was a prisoner convicted of rape and subject to life imprisonment. He sought parole, and said that the defendant had slandered him before the Parole Board. Held: Parole Board proceedings are not part of any proceedings of a court, and so … Continue reading Daniels v Griffiths: CA 27 Nov 1997
The test as to whether there was still a need to protect the public safety from the defendant was just as appropriate when considering the revocation of a licence, as it was when the need for continued detention was being reviewed before the grant of the licence: ‘In exercising its practical judgment the Board is … Continue reading Regina v Parole Board, ex Parte Watson: CA 11 Mar 1996
Periods spent in custody awaiting trial can count toward fine not just against custody. Citations: Times 09-Feb-1996 Statutes: Criminal Justice Act 1991 18(3) Jurisdiction: England and Wales Criminal Sentencing Updated: 27 October 2022; Ref: scu.88261
A telephone threat is not an offence of violence despite the real apprehension of the victim. Citations: Times 14-Apr-1995 Statutes: Criminal Justice Act 1991 31(1) Jurisdiction: England and Wales Crime Updated: 27 October 2022; Ref: scu.87630
A discretionary life prisoner who had been transferred to a mental hospital is not automatically eligible for a certificate under the section. The right conferred on a discretionary life prisoner by section 34 of the 1991 Act did not extend to those who were also detained under the MHA by reason of transfer and restriction … Continue reading Regina v Secretary of State for Home Department ex parte H and Others, Regina v Same ex parte Hickey: CA 29 Jul 1994
A custodial sentence was justified in respect of a theft from telephone kiosk. Citations: Times 10-May-1993 Statutes: Criminal Justice Act 1991 1(2)(a) Jurisdiction: England and Wales Criminal Sentencing Updated: 26 October 2022; Ref: scu.86523
A good record was not sufficient to prevent the Judge from imposing an extended sentence of imprisonment for serious violence. Citations: Times 08-Nov-1994 Statutes: Criminal Justice Act 1991 2(2)(b) Jurisdiction: England and Wales Criminal Sentencing Updated: 25 October 2022; Ref: scu.88689
All cases against children should be tried in the Youth Court, and not transferred to the Crown Court save for the most grave offences. In this case, the allegations included one of common assault. The appeal court had no power on this occasion to set aside the transfer, but since the accusation of common assault … Continue reading Regina v T; Regina v K: CACD 22 Mar 2001
Under the applicable legislation the trial judge fixed the tariff for discretionary life sentence prisoners, but there were transitional provisions which required the Secretary of State to fix the tariff for discretionary lifers who had been sentenced before the new judicialised regime came into force. Held: The Home Secretary is not free to take his … Continue reading Regina v Secretary of State Home Department, ex parte McCartney: CACD 25 May 1994
A burglary with intent to rape was not itself a sexual offence for sentence purposes. Citations: Times 11-Aug-1994 Statutes: Criminal Justice Act 1991 31(1) Jurisdiction: England and Wales Criminal Sentencing Updated: 25 October 2022; Ref: scu.87023
The court was right to look beyond the facts of the instant case, and at the defendant’s background history, when assessing whether it was necessary to impose an additional sentence for the protection of the public from a violent offender. Citations: Times 12-Oct-1998 Statutes: Criminal Justice Act 1991 2(2)(b) Jurisdiction: England and Wales Criminal Sentencing … Continue reading Regina v Harper; Regina v Sabin: CACD 12 Oct 1998
Lifer for sex offence may appeal against fixed term part of sentence. Citations: Times 25-Oct-1994 Statutes: Criminal Justice Act 1991 22(2) 34 Jurisdiction: England and Wales Criminal Sentencing Updated: 25 October 2022; Ref: scu.86502
Appeal lies against ‘relevant part’ of discretionary life sentence. Citations: Gazette 09-Nov-1994 Statutes: Criminal Justice Act 1991 3 34(1)(b) Jurisdiction: England and Wales Criminal Sentencing Updated: 25 October 2022; Ref: scu.86503
Reduction in relevant part of life sentence for consideration on parole. The ‘relevant part’ not end of entire sentence but when parole considered. Citations: Ind Summary 09-Jan-1995, Times 24-Nov-1994 Statutes: Criminal Justice Act 1991 34(3) Jurisdiction: England and Wales Criminal Sentencing Updated: 25 October 2022; Ref: scu.86676
The activating of a suspended sentence was not itself a passing of a sentence, and the other offence was not made more serious by the activation.An activation of a suspended sentence is not itself the act of passing a sentence. Citations: Gazette 02-Jun-1993, Ind Summary 26-Apr-1993 Statutes: Criminal Justice Act 1991 1(2), Powers of Criminal … Continue reading Regina v Crawford: CACD 26 Apr 1993
Where an offender had been released from prison under licence, but committed a further offence whilst released on licence, and had already been recalled to prison by way of his licence being revoked under section 39, that did not prevent a court dealing with the offender also making an order under s40 for the remainder … Continue reading Regina v Sharkey: CACD 10 Nov 1999
When a young offender is ordered to return to prison to serve the remainder of a sentence after offending whilst on release on licence, the order is a new sentence, and when combined with the order for the offence giving rise to that order, cannot exceed the two year maximum total. Citations: Times 29-Oct-1999 Statutes: … Continue reading Regina v F, R v S: CACD 29 Oct 1999
A court could not, under its powers to extend a sentence, impose a sentence beyond the normal maximum, but where appropriate it could add extensions to individual sentences and if appropriate make them consecutive to achieve the same result. Citations: Times 31-Dec-1998, Gazette 03-Feb-1999 Statutes: Criminal Justice Act 1991 2(2)(b) Jurisdiction: England and Wales Criminal … Continue reading Regina v B (Longer Term Sentences): CACD 31 Dec 1998
Appeals from life sentences imposed on youths for offences of arson. Judges: Lord Bingham of Cornhill LCJ Citations: [1999] 1 WLR 486, [1998] EWCA Crim 1188, [1999] 1 Cr App R (S) 6 Links: Bailii Statutes: Criminal Justice Act 1991 34(2)(b) Jurisdiction: England and Wales Cited by: Cited – O’Neill v Her Majesty’s Advocate HCJ … Continue reading Regina v Marklew, Lambert: CACD 6 Apr 1998
The defendant appealed sentences of ten years for indecency offences against young boys. He had a long history of such offending. The sentence was the maximum, and was declared by the judge to be an extended sentence. But for that, the appropriate sentence would have been three to four years. There must be a relationship … Continue reading Regina v Cleaver: CACD 14 Jul 1997
The defendant appealed sentences of five years for indecent assaults on strangers in public places at night. One was on a girl of 16, and the offences. Were committed within a short time of each other. He had denied the offences despite clear identifications. The sentences were not a moment too long. Citations: [1996] EWCA … Continue reading Regina v Biddle: CACD 24 Oct 1996
The defendant appealed sentence on several very serious offences of rape and sexual assault of young girls in his care. The total sentence was ten years. Held: Sentencing in such cases must turn on the facts of each case. The pre-sentence report showed him still minimizing the effect of his crimes. It was a horrendous … Continue reading Regina v Stacey: CACD 24 Oct 1996
The defendants appealed sentences for serious, violent robberies taking place in burglaries of domestic properties, with long lasting effects on the victims. Held: The section had been correctly applied. The court reviewed authorities on sentencing for such matters. 12 years was appropriate for the robberies, with 5 years added to protect the public. Judges: Lord … Continue reading Regina v Gabbidon, Bramble: CACD 7 Nov 1996
The appellant appealed sentences for burglary. He had 17 previous convictions, and, on one occasion, 91 offences taken into consideration. The offences were convicted whilst released on licence. He had been sentenced to five years plus some consecutive elements. The sentence was proper, and the appeal refused. Citations: [1996] EWCA Crim 1597 Statutes: Criminal Justice … Continue reading Regina v Coughlan: CACD 2 Dec 1996
Maximum penalty reduction applies at date of conviction though committed before. Citations: Times 05-Mar-1996 Statutes: Criminal Justice Act 1991 26(1) Jurisdiction: England and Wales Criminal Sentencing Updated: 08 October 2022; Ref: scu.88006
A Judge need not say what sentence would have been passed but for extended sentence. Citations: Times 09-Aug-1996 Statutes: Criminal Justice Act 1991 2(2)(b) Jurisdiction: England and Wales Criminal Sentencing Updated: 08 October 2022; Ref: scu.87559
Issuing a threat to kill may be treated as a violent offence if injury was intended. Citations: Ind Summary 19-Jun-1995 Statutes: Criminal Justice Act 1991 31(1) Jurisdiction: England and Wales Criminal Sentencing Updated: 08 October 2022; Ref: scu.87592
A threat of violence without a direct and immediate possibility of violence is not itself an offence of violence. Citations: Ind Summary 08-May-1995 Statutes: Criminal Justice Act 1991 31(1) Jurisdiction: England and Wales Criminal Sentencing Updated: 08 October 2022; Ref: scu.87624
Maximum 12 month applied to include consequence of revocation of licence.Sentence maxima cannot be exceeded even on a re-sentence after a licence breach. Citations: Gazette 13-Jul-1995, Times 01-Jun-1995 Statutes: Criminal Justice Act 1991 40(4)(c) Jurisdiction: England and Wales Criminal Sentencing Updated: 08 October 2022; Ref: scu.86671
A sentence extended to protect public must still be proportionate to the offence. Citations: Times 17-Feb-1995 Statutes: Criminal Justice Act 1991 2(2)(b) Jurisdiction: England and Wales Criminal Sentencing Updated: 08 October 2022; Ref: scu.86381
Having been released on licence for an offence of violence, the appellant was found in a house with many racist and violent magazines. He was sentenced to twelve months. That offence was appropriate. The views of society have moved on, and older cases for sentencing in such cases should not be relied upon. Although the … Continue reading Regina v Gray: CACD 22 Apr 1998
The appellant appealed a sentence of 18 months imprisonment for dwelling house burglaries, ordered to be served consecutively to a sentence of 2.5 years for similar offences. The combination turned him into a long term prisoner, who would have to serve two thirds of the full term, rather than half of each. He had admitted … Continue reading Regina v Brown (AA): CACD 22 Apr 1998
Appeal against conviction dismissed. Appeal against sentence for offences of false imprisonment, indecent assault and assault occasioning actual bodily harm. The sentences were life imprisonment for the offence of false imprisonment, with six-and-a-half years’s being specified as the period to be served under section 34 of the Criminal Justice Act 1991, 10 years concurrently for … Continue reading Regina v Willoughby: CACD 5 Nov 1998
The applicants had been disciplined whilst in prison, and suffered various penalties including the loss of remission. They argued that the penalties had been imposed in breach of their human rights and that the protection given for intimate searches was inadequate. Held: Although the proceedings may have the effect of postponing the prisoners release, in … Continue reading Regina (Carroll and Another) v Secretary of State for the Home Department; Regina (Greenfield) v Same: CA 19 Jul 2001
Licence conditions imposed at the time of sentence would restrict the defendant after he had served his sentence and been released, and so operated as a heavier penalty, and section 33(1) was incompatible with the defendant’s Art 7.1 rights. Held: Before the 1991 Act, a prisoner was entitled to release after serving the necessary part … Continue reading Regina on the Application of Uttley v Secretary of State for the Home Department: CA 30 Jul 2003
Counsel are to be given an opportunity to address the court if an extended sentence was to be considered. Citations: Times 21-Jul-1994 Statutes: Criminal Justice Act 1991 2(2)(b) Jurisdiction: England and Wales Criminal Practice Updated: 27 August 2022; Ref: scu.87483
The prisoner had been sentenced to a punitive term, and an additional protective term under the Act. After the parole board had decided that he could be released from the punitive part of the sentence, he obtained declaration that the board should also periodically review the protective part of the sentence. Held: The protective part … Continue reading Regina on the Application of Giles v Parole Board and Secretary of State for the Home Department: CA 4 Jul 2002
The prisoner appealed refusal of his release under licence. Being a long term prisoner he was to be considered for release after half his sentence was complete under the 1991 Act. Judges: Saunders J Citations: [2008] EWHC 1019 (Admin) Links: Bailii Statutes: Criminal Justice Act 1991 35(1) Jurisdiction: England and Wales Prisons Updated: 22 August … Continue reading Pilgrim, Regina (on the Application of) v Parole Board and Another: Admn 9 May 2008
Whilst released on licence from prison, the defendant committed further related offences. On sentencing the judge erred in calculating the amount of time to be served for the breach of the licence. Having been recalled, the time served between recall and sentence did not count against the total sentence. Section 39 and section 116 were … Continue reading Regina v Stocker: CACD 20 Jan 2003
The respondent had been released on licence from prison. On being brought back to court on other allegations, he challenged the validity of the notice of the terms of his licence, and required evidence of those terms. Citations: [2008] EWHC 2631 (Admin), (2008) 172 JP 617, [2009] Crim LR 283, [2009] 1 WLR 1715, [2009] … Continue reading West Midlands Probation Board v French: Admn 31 Oct 2008
The question of whether a prisoner is serving a long or short term prison sentence is to be determined by the sentence imposed by the court, and not by not the time expected actually to be served. Citations: Times 30-Oct-1997 Statutes: Criminal Justice Act 1991 67(4) Jurisdiction: England and Wales Criminal Sentencing Updated: 06 August … Continue reading Regina v Secretary of State for the Home Department ex parte Probyn: QBD 30 Oct 1997
It can be wrong in principle to apply section 2(2)(b) in the most serious cases. The section is intended to protect the public where a sentence according with the offence might not be sufficient. In the most serious cases, there is a risk that a sentence extended under the Act could be a double sentence. … Continue reading Regina v Christie: CACD 1994
The prisoner disputed the calculation of the date when she would become entitled to consideration for early release under a Home Detention Curfew. The Secretary of State appealed against a decision that his policy guidance was unlawful. Held: The appeal succeeded. Where several offences were imposed at the same time, those sentences under one year … Continue reading Noone, Regina (on the Application of) v HMP Drake Hall and Another: CA 17 Oct 2008
The applicant having been released on licence had his licence revoked. The decision had been made at a hearing which considered evidence on paper only, which he said was unfair. Held: The case law had maintained a proper distinction between the determination of a criminal charge and otherwise. The first required an oral hearing for … Continue reading Regina (Smith) v Parole Board (No 2): CA 31 Jul 2003
The claimant had challenged the findings of the Parole Board in his case, saying that the Board was not an independent tribunal as required under human rights law, since it was subject to direction from the Home Secretary. Held: The Home Secretary’s appeal succeeded. The meaning of the word ‘directions’ depended on its context. The … Continue reading Girling v Secretary of State for the Home Department and Another: CA 21 Dec 2006
When a judge passes a sentence of imprisonment on a defendant already serving time, and wants this sentence to follow the other, he should make it quite clear the sentence is consecutive to the current sentence, and follow the practice direction. Citations: Gazette 04-Nov-1998, Times 28-Oct-1998, Gazette 25-Nov-1998 Statutes: Criminal Justice Act 1991 51(2) Jurisdiction: … Continue reading Regina v Singh (Dara): CACD 28 Oct 1998
The applicant was a foreign national serving a long-term prison sentence. He complained that UK nationals would have had their case referred to the parole board before his. Held: The right to be referred to the parole board was a statutory right, which was not the same as an article 3 right to liberty and … Continue reading Secretary of State for the Home Department v Hindawi and Headley: CA 13 Oct 2004
The defendant appealed a sentence for contempt of court. The judge had imposed a sentence, and then stated that he was not to be released before a particular date. Held: The court was not free to impose such a condition. Calculation of release dates was governed by statute, which in this case allowed the defendant … Continue reading Thompson v Mitchell: CACD 23 Aug 2004
The discretionary life-prisoner faced a parole board. The Secretary of State wished to present evidence, but wanted the witness to be protected. The Parole Board appointed special counsel to hear the evidence on behalf of the prisoner on terms that the prisoner was not to know of the evidence. The prisoner appealed. Held: The appeal … Continue reading Roberts v Parole Board: CA 28 Jul 2004
The test for whether or not to recall a lifer who was free on licence is the same test as was used for his release, namely whether his detention was required for the protection of the public. Citations: Independent 22-Nov-1995 Statutes: Criminal Justice Act 1991 34(4)(b) Jurisdiction: England and Wales Cited by: Appeal from – … Continue reading Regina v Parole Board, Ex Parte Watson: QBD 22 Nov 1995