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Bourgass and Another, Regina (on The Application of) v Secretary of State for Justice: SC 29 Jul 2015

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

Black, Regina (on the Application of) v Secretary of State for Justice: CA 15 Apr 2008

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

Director of Public Prosecutors v Gane: Admn 1991

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

Ex parte Central Independent Television: 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

In Re O (Restraint Order: Disclosure of Assets): 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

Regina v Harrow Justices ex parte Director of Public Prosecutions: 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

Pickering v Liverpool Daily Post and Echo Newspapers plc: HL 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

Regina v Oxford City Justices, ex parte Smith: QBD 1982

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

Regina v Bolton Magistrates’ Court, ex parte Merna; Regina v Richmond Justices, ex parte Haines: 1991

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

Regina v Acton Justices ex parte McMullen and others: CACD 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

Regina v Goodchild: CACD 12 Aug 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

Regina v Worthing Justices Ex Parte Varley: QBD 24 Jun 1997

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

Regina v Deputy Governor of Parkhurst Prison, Ex parte Hague, Weldon v Home Office: HL 24 Jul 1991

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

Regina v Ipswich Justices Ex Parte Best: QBD 23 Feb 1993

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

Regina v W (Reference Under Section 36 of the Criminal Justice Act 1972): CACD 8 May 2003

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

Stott, Regina (on The Application of) v Secretary of State for Justice: SC 28 Nov 2018

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

Arnold v National Westminster Bank Plc: HL 1991

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

Regina v Chichester Justices ex parte Crowther: Admn 14 Oct 1998

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

Regina v Harlow Justices ex parte Gumble: Admn 21 Oct 1997

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

Chester, Regina (on The Application of) v Secretary of State for Justice: SC 16 Oct 2013

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

Child X (Residence and Contact- Rights of Media Attendance) (Rev 2): FD 14 Jul 2009

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

King, Regina (on The Application of) v Secretary of State for Justice: CA 27 Mar 2012

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

Black, Regina (on the Application of) v Secretary of State for Justice: HL 21 Jan 2009

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

Asch v Austria: ECHR 26 Apr 1991

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 . .

Acts

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West Midlands Probation Board v French: Admn 31 Oct 2008

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

Regina v Secretary of State for the Home Department ex parte Probyn: QBD 30 Oct 1997

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

Noone, Regina (on the Application of) v HMP Drake Hall and Another: CA 17 Oct 2008

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

Regina (Smith) v Parole Board (No 2): CA 31 Jul 2003

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

Girling v Secretary of State for the Home Department and Another: CA 21 Dec 2006

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

Regina v Singh (Dara): CACD 28 Oct 1998

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

Secretary of State for the Home Department v Hindawi and Headley: CA 13 Oct 2004

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

Regina v Parole Board, Ex Parte Watson: QBD 22 Nov 1995

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

Hindawi and Another v Secretary of State for the Home Department: Admn 29 Jan 2004

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

Nejad, Regina (on the Application of) v Secretary of State for the Home Department: CA 3 Feb 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

Regina v Secretary of State for the Home Department ex parte Akhtar: QBD 23 Feb 2001

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

Regina v Secretary of State for the Home Department and Another, ex parte Francois: HL 12 Mar 1998

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

Regina (S) v Secretary of State for the Home Department: QBD 5 Nov 2002

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

Regina v Governor HM Prison Brockhill, ex parte Michelle Carol Evans (No 2): CA 19 Jun 1998

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

Greenfield v Secretary of State for Home Department: Admn 22 Feb 2001

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

Regina (Sim) v Parole Board: CA 18 Dec 2003

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

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

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

Regina v Secretary of State for the Home Department ex parte Cummings: CA 22 Feb 2001

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

Regina v Secretary of State for the Home Department, ex parte Hickey and Others: QBD 28 Oct 1993

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

Girling v Parole Board and Secretary of State for the Home Department: Admn 8 Apr 2005

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

Regina v Secretary of State for the Home Department and Another, Ex Parte Norney and Others: QBD 6 Oct 1995

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

Regina (Broadbent) v Parole Board: QBD 27 May 2005

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

Craven v Secretary of State, and the Parole Board: Admn 5 Oct 2001

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

Regina v Scammell: CACD 15 Nov 1996

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

Regina v Everleigh: CACD 16 May 2001

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

Regina v Secretary of State for the Home Department, ex parte Mccartney: Admn 28 Oct 1993

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

Regina v Parole Board Ex Parte White: QBD 16 Dec 1994

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

Regina v Secretary of State for the Home Department and Another, Ex Parte Willis: QBD 9 Mar 2000

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

Uttley, Regina (on the Application of) v Secretary of State for the Home Department: HL 30 Jul 2004

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

Stafford v The United Kingdom: ECHR 28 May 2002

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

Regina v Secretary of State for the Home Department Ex Parte Pierson: CA 8 Dec 1995

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

Regina on the Application of Clift v Secretary of State for the Home Department: Admn 13 Jun 2003

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

Regina v R (Sentencing: Extended licences): CACD 25 Jul 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

Noone, Regina (on The Application of) v Governor of HMP Drake Hall and Another: SC 30 Jun 2010

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

Round and Dunn v Regina: CACD 16 Dec 2009

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