A prisoner escaped, and on recapture was sentenced for the escape, and ordered under the section to complete the remaining part of his sentence. Held: The prisoner was not subject to the provisions regarding return of a prisoner who had been given early release under the statutory scheme. The return part of the order was … Continue reading Regina v Matthews: CACD 25 Feb 2002
The court considered the application of section 116 of the 2000 Act in the context of an extended sentence passed under section 85 of the Act. Judges: Kennedy LJ, Astill, Gross JJ Citations: [2004] EWCA Crim 1986 Links: Bailii Statutes: Powers of Criminal Courts (Sentencing) Act 2000 116 85 Jurisdiction: England and Wales Criminal Sentencing … Continue reading Gamble-Beresford, Regina v: CACD 24 Jun 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
The court was asked whether the sentencing judge had power to vary the sentence imposed on this 44-year-old applicant following a conviction for rape, by virtue of section 155 of the Powers of the Criminal Courts (Sentencing) Act 2000 after the 56-day period had elapsed. Judges: Moses LJ, Dobbs DBE J, Gordon HHJ Citations: [2011] … Continue reading Hudson, Regina v: CACD 24 Mar 2011
In each case the court was asked whether a sentence imposed under section 225(2) of the 2003 CJA for the protection of the public could be made to run consecutively to the principle sentence for the offence, and how did this link in with the courts powers under the section 116 PCCA 2003. Held: Some … Continue reading O’Brien, Harris, Moss, Llewellyn and others v Regina: CACD 14 Jul 2006
The defendant appealed against sentence following conviction for burglary and false imprisonment. He had received sentences of 8 years and life respectively, with a determinate period of 11 years, and an earliest release of 6 years. The sentences had been on the basis that the offence of false imprisonment was an offence of violence. He … Continue reading Regina v Szczerba: CACD 6 Feb 2002
The defendant, after convictions for violence, now appealed against a sentence of detention for public protection for a period of two-and-a-half years. Held: The court summarised the principles applicable: ‘(i) whilst it is not unlawful to impose consecutive indeterminate sentences, or an indeterminate sentence consecutive to another period of imprisonment, such a practice is undesirable. … Continue reading Regina v O’Halloran: CACD 14 Nov 2006
