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 release he was arrested again. He challenged the continued detention as unreasonable.
Held: The second arrest under s 39(2) was on the ground that it appeared expedient in the public interest, and was lawful. Having been recalled twice, he was no longer eligible for early release. Though the court had jurisdiction to supervise such decisions, it would be rare for a court to be able to declare such a decision Wednesbury unreasonable. The procedures for the Parole Board gave full opportunity to challenge decisions made.
Citations:
Gazette 27-Jun-2002, [2002] EWHC 1012 (Admin)
Links:
Statutes:
Criminal Justice Act 1991 33(1)
Jurisdiction:
England and Wales
Criminal Sentencing
Updated: 14 November 2022; Ref: scu.172257