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 . .
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 . .
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. . .
Challenge to decision to refuse early release from prison of the claimant. . .
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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
The prisoner was subject to a long term of imprisonment, and also to a deportation order which was to take effect upon his release. He complained that, because of the latter, he had not been considered for parole, and that this was discriminatiry. Held: The difference in treatment occurred because of the nationality of the … Continue reading Hindawi and Another v Secretary of State for the Home Department: Admn 29 Jan 2004
The Lord Chief Justice had expressed his view as to the proper determinitive part of the defendant’s life sentence, but the Home Secretary had declined to give effect to it. Held: In the few remaining cases transitional between the former and newer systems for setting the sentence to be served by life prisoners, the Home … Continue reading Nejad, Regina (on the Application of) v Secretary of State for the Home Department: CA 3 Feb 2004
The defendant committed an offence whilst released on licence. She was sentenced by the magistrates for the offence and ordered to be recalled to serve a month for the offence committed whilst on licence. The Secretary received a probation report and revoke her licence entirely. Held: The fact that the magistrates had carried out a … Continue reading Regina v Secretary of State for the Home Department ex parte Akhtar: QBD 23 Feb 2001
When both consecutive and concurrent sentences are being served, they are to be combined into one term in order to calculate the prisoner’s release date, even if separately imposed. Citations: Times 13-Mar-1998, [1998] UKHL 11, [1998] 1 All ER 929, [1998] 2 WLR 530, [1999] AC 43 Links: House of Lords, Bailii Statutes: Criminal Justice … Continue reading Regina v Secretary of State for the Home Department and Another, ex parte Francois: HL 12 Mar 1998
A discretionary life sentence intended to protect the public could now only be imposed after establishing compliance with the Act in that the sentence was so serious as to deserve a very long sentence, and for an unforeseeable time into the future, he would remain a serious danger to the public.Lord Bingham CJ said: ‘In … Continue reading Regina v Chapman: CACD 22 Jul 1999
The threshold criterion for imprisonment that ‘so serious that only custodial sentence justified’ was not best described in terms of view of ‘right thinking members of the public’ but rather the court should look to the need to protect the public and other aims. A community penalty might in some cases be appropriate on a … Continue reading Regina v Howells, etc: CACD 30 Jul 1998
Citations: [1999] EWHC Admin 386 Statutes: Criminal Justice Act 1991 32(6) Jurisdiction: England and Wales Prisons Updated: 30 May 2022; Ref: scu.139650
Revocation of licence – offence of assault. Judges: Mr Justice Forbes Citations: [2004] EWHC 1930 (Admin) Links: Bailii Statutes: Criminal Justice Act 1991 34A Jurisdiction: England and Wales Criminal Sentencing, Prisons Updated: 30 May 2022; Ref: scu.200347
The applicant was mentally ill, and had at various times received inpatient treatment, and also detained. After conviction for harassment offences he was imprisoned, but then again hospitalized and detained under s3 whilst released in licence. Upon his impending release from hospital, the respondent ordered him to be returned to prison. He absconded form the … Continue reading Regina (S) v Secretary of State for the Home Department: QBD 5 Nov 2002
The plaintiff was serving a sentence of imprisonment. Her detention was correctly calculated in accordance with the law as understood. That method was later disapproved when the Divisional Court laid down (everyone has assumed correctly) a different method of calculation. If that new method of calculation was adopted the plaintiff had been detained for 59 … Continue reading Regina v Governor HM Prison Brockhill, ex parte Michelle Carol Evans (No 2): CA 19 Jun 1998
Application for judicial review of calculation of prisoner’s release date. Citations: [2005] EWHC 1991 (Admin) Links: Bailii Statutes: Criminal Justice Act 1991 40A Jurisdiction: England and Wales Prisons Updated: 29 May 2022; Ref: scu.230108
Disciplinary proceedings within a prison were not criminal charges so as to bring into play the provisions of the Human Rights Act, even though they could result in an extension of the time which would be served by the prisoner. Such proceedings would not carry with them the stigma of a full criminal conviction, and … Continue reading Greenfield v Secretary of State for Home Department: Admn 22 Feb 2001
The prisoner had been sentenced to an extended term of five years imprisonment for indecent assault. He had been released, and then recalled for alleged breaches of his licence. The respondent appealed findings that such a recall was subject to article 5, and that his release would be mandatory under s44A(b) if his continued detention … Continue reading Regina (Sim) v Parole Board: CA 18 Dec 2003
A prisoner is to be allowed to make representations on the setting of the fixed part of his life sentence, and on reviews. Citations: Times 25-Oct-1994, Gazette 16-Nov-1994 Statutes: Criminal Justice Act 1991 Sch12(9) Jurisdiction: England and Wales Criminal Sentencing Updated: 26 May 2022; Ref: scu.87738
The applicants for judicial review had each been convicted and sentenced for sex offences. Each maintained his innocence, and now complained that that fact had prejudiced decisions as to early release on parole and as to their categorisation. Held: The court identified four issues (1) The Parole Board must assume the prisoner’s guilt of the … Continue reading Regina v Secretary of State for Home Department ex parte Hepworth, Fenton-Palmer and Baldonzy and Regina v Parole Board ex parte Winfield: Admn 25 Mar 1997
Court to make use of control over sex offenders in appropriate cases by the use of extended licences. Citations: Times 22-Oct-1996, [1996] EWCA Crim 668, [1997] 1 Cr App R (S) 399 Statutes: Criminal Justice Act 1991 44 Jurisdiction: England and Wales Cited by: Cited – Regina v R (Sentencing: Extended licences) CACD 25-Jul-2003 The … Continue reading Regina v Hodgson: CACD 27 Jun 1996
The Home Secretary had recalled a prisoner under emergency powers who had been released on licence. He was advised by the Parole Board, in an interim report, that the prisoner should be released. He rejected the advice and continued the detention. Held: The powers he exercised were emergency ones. The Board’s interim recommendations could at … Continue reading Regina v Secretary of State for the Home Department ex parte Cummings: CA 22 Feb 2001
Guidelines were given for the imposition of enhanced sentences for violent/sexual offences. Citations: Times 18-Jul-1996 Statutes: Criminal Justice Act 1991 2(2)(b) Jurisdiction: England and Wales Criminal Sentencing Updated: 19 May 2022; Ref: scu.86286
Magistrates could not pass separate probation and community service sentences at same sentencing hearing, must allow for restrictions of combination orders Citations: Times 20-May-1998, [1998] EWHC Admin 469 Links: Bailii Statutes: Criminal Justice Act 1991 6 11 Criminal Sentencing Updated: 19 May 2022; Ref: scu.80821
Parole provisions are to apply to life prisoners who had been transferred transferred to a mental hospital. Citations: Times 28-Oct-1993 Statutes: Criminal Justice Act 1991 34 sch12 9(1) Jurisdiction: England and Wales Cited by: Appeal from – Regina v Secretary of State for Home Department ex parte H and Others, Regina v Same ex parte … Continue reading Regina v Secretary of State for the Home Department, ex parte Hickey and Others: QBD 28 Oct 1993
Citations: Ind Summary 27-Feb-1995, Times 10-Feb-1995 Statutes: Criminal Justice Act 1991 60(3), Children Act 1989 25 Jurisdiction: England and Wales Children Updated: 15 May 2022; Ref: scu.83099
Once the punitive or tariff term of imprisonment on a convicted murderer, is completed, risk to life and limb provides the sole ground for continued detention. The Parole Board, being subject to directions from the Home Secretary, was not an independent tribunal which could satisfy the claimant’s right to a fair trial. Judges: Walker J … Continue reading Girling v Parole Board and Secretary of State for the Home Department: Admn 8 Apr 2005
Referring to the 1992 Practice Statement on sentencing following introduction of the 1991 Act, Lord Taylor of Gosforth CJ said: ‘The Practice Statement does not require an arithmetically precise calculation to be made. Its object was to give general guidance by alerting sentencers to the changed regime of early release and requiring them to have … Continue reading Regina v Cunningham: CACD 1993
The non-referral of lifers to the Parole Board till the minimum tariff had expired was unreasonable. A decision of the Parole Board, which is chaired by a High Court judge, can be the subject of judicial review. Citations: Times 06-Oct-1995, Independent 04-Oct-1995, [1995] 7 Admin LR 861 Statutes: Criminal Justice Act 1991, European Convention on … Continue reading Regina v Secretary of State for the Home Department and Another, Ex Parte Norney and Others: QBD 6 Oct 1995
Practice Direction – arrangements for editing and producing tapes. Citations: Gazette 07-Oct-1992 Statutes: Criminal Justice Act 1991 53 Jurisdiction: England and Wales Criminal Practice Updated: 28 April 2022; Ref: scu.77838
The claimant was a long term prisoner released on licence. He had been stopped and charged with conspiracy to supply a controlled drug. He pleaded not guitly. He challenged revocation of his licence. Held: A charge alone was not sufficient to justify a recall to prison. To do so would be to delegate the board’s … Continue reading Regina (Broadbent) v Parole Board: QBD 27 May 2005
The prisoner had been convicted in 1996 of the murder of three police officers. His tariff had been fixed at 30 years. Material was to be placed before the parole board which was not to be disclosed to the appellant or his legal advisers. Instead it was proposed that special counsel should hear the material … Continue reading Roberts v Parole Board: Admn 19 Dec 2003
The applicant was serving life imprisonment for murder. He had been released on licence subject to a condition excluding him from the area of his former home. He claimed this condition was unlawful. The applicant’s own family connections were within that area. He claimed the condition was imposed for questions of public acceptability, and infringed … Continue reading Craven v Secretary of State, and the Parole Board: Admn 5 Oct 2001
Appeal against sentence for threats to kill and false imprisonment (six years) – Dismissed Citations: [1996] EWCA Crim 1448, [1996] EWCA Crim 1447 Statutes: Criminal Justice Act 1991 2(2)(b) Criminal Sentencing Updated: 12 April 2022; Ref: scu.149112
Sentences extended under the section should not be imposed consecutively with other sentences imposed at the same time, though this might be possible where the other sentence had been previously imposed. Although the authorities were difficult to reconcile, there was no illogicality in imposing extended sentences consecutive to other sentences, where for example, the sentencing … Continue reading Regina v Everleigh: CACD 16 May 2001
The Home Secretary need not seek judicial or advice before issuing a certificate for length of sentence. Citations: Times 28-Oct-1993, Independent 16-Nov-1993 Statutes: Criminal Justice Act 1991 34 sch12 9(1) Cited by: Appeal from – Regina v Secretary of State Home Department, ex parte McCartney CACD 25-May-1994 Under the applicable legislation the trial judge fixed … Continue reading Regina v Secretary of State for the Home Department, ex parte Mccartney: Admn 28 Oct 1993
A prisoner serving an extended sentence for a sex crime had no right to an oral Parole hearing. Citations: Times 21-Mar-1996 Statutes: Criminal Justice Act 1991 2(2)(b) Criminal Sentencing, Prisons Updated: 09 April 2022; Ref: scu.87527
The concept of ‘risk’ was not confined to risk to the United Kingdom public alone, as a result of which the Parole Board is entitled, indeed, in an appropriate case, required, to take into account the risk to the public in a country to which a released prisoner will go, once he is released. Citations: … Continue reading Regina v Parole Board Ex Parte White: QBD 16 Dec 1994
The board was to consider all the evidence in deciding on a release, not just that of the psychiatrist. Citations: Times 10-May-1993 Statutes: Criminal Justice Act 1991 34(4)(b) Criminal Practice Updated: 09 April 2022; Ref: scu.87529
There can be no guidelines for protective sentences for violent and or sexual offences, Each case must be decided upon its on own facts, and the offender. When the court considers what should be the appropriate period to add under the section, the judge has a balancing act. The defendant may need to be prevented … Continue reading Regina v Mansell: CACD 23 Feb 1994
Judge should specify which is second offence considered for sentence. Citations: Times 09-Mar-1993 Statutes: Criminal Justice Act 1991 1(2)(a) Criminal Practice Updated: 09 April 2022; Ref: scu.86916
A prisoner having been sentenced to serve less than four years applied for consideration for early release under an electronic tagging home detention scheme. He was refused because he would have to register on release with the Police as a sex offender, and such individuals were subject to special rules set by the Home Secretary. … Continue reading Regina v Secretary of State for the Home Department and Another, Ex Parte Willis: QBD 9 Mar 2000
In 1995 the defendant was sentenced to twelve years for rapes committed in 1983. He complained that the consequences of the later sentence were adverse because of the 1991 Act. He would now serve three quarters of the sentence rather than two thirds. Held: Article 7.1 prohibits the imposition of a penalty which is heavier … Continue reading Uttley, Regina (on the Application of) v Secretary of State for the Home Department: HL 30 Jul 2004
Grand Chamber – The appellant claimed damages for being held in prison beyond the term of his sentence. Having been released on licence from a life sentence for murder, he was re-sentenced for a cheque fraud. He was not released after the end of the sentence he served for that offence. He said there was … Continue reading Stafford v The United Kingdom: ECHR 28 May 2002
The courts’ control over the exercise by the Home Secretary of his discretion on lifers was limited to procedural fairness. It was not irrational to refuse any reduction of a lifer’s minimum sentence after aggravation involving the prisoner. Independent 12-Dec-1995, Times 08-Dec-1995 Criminal Justice Act 1991 35 England and Wales Citing: Appeal from – Regina … Continue reading Regina v Secretary of State for the Home Department Ex Parte Pierson: CA 8 Dec 1995
The claimant had been sentenced to 18 years imprisonment. He challenged the differing treatment for parole purposes of those sentenced to more than 15 years, as infringing his human rights, insofar as the decision was retained by the Home Secretary. Held: The decision itself was clearly not irrational. As to the involvement of the Home … Continue reading Regina on the Application of Clift v Secretary of State for the Home Department: Admn 13 Jun 2003
The imposition of an extended period of licence in respect of offences committed before 1992 did not infringe the defendant’s human rights. The defendant had been convicted of offences from 1976 and 1982. The commencement date for the 1991 Act was 1 October 1992. Held: The true nature of the provision was preventive, to ensure … Continue reading Regina v R (Sentencing: Extended licences): CACD 25 Jul 2003
Transfer directions of discretionary life prisoners. Mr Justice Stanley Burnton [2002] EWHC 2805 (Admin), [2003] 1 WLR 1315 Bailii Criminal Justice Act 1991, Mental Health Act 1983 47 England and Wales Prisons Updated: 17 November 2021; Ref: scu.347817
The prisoner had been sentenced to consecutive terms of imprisonment, one for less, and one for more than 12 months. She disputed the date on which she should be released to home detention under curfew under the Guidance issued by the Secretary of State explaining how the release date should be calculated where longest sentence … Continue reading Noone, Regina (on The Application of) v Governor of HMP Drake Hall and Another: SC 30 Jun 2010
Non-consolidation of sentence to debar home curfew Each defendant had been sentenced to consecutive terms of imprisonment under the 1991 and 2003 Acts. One was above and one below twelve months. They complained that the result of trying to reconcile the statutory provisions was that they had effectively been excluded from consideration under the home … Continue reading Round and Dunn v Regina: CACD 16 Dec 2009
The prisoner had been released on licence, but then recalled and re-arrested it being alleged that he was in breach of his conditions. His solicitors sought to represent him at the hearing of the parole board which considered whether to recommend . .
A child witness is competent if he has the ability to understand, and to know fact from fantasy. . .
The court faced an appeal against a sentence of 12 years’ imprisonment on pleas of guilty to 6 indecent assaults. The judge imposed 2 years’ imprisonment consecutive on each Count totalling 12 years.
Held: The judge was purporting to exercise . .
Challenge to calculation of servable sentence term. . .
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. . .
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. . .
