The court considered the validity of of the claimant’s recall to prison. The words ‘falls to be released’ in paragraph 23 mean ‘is entitled to be released’ or ‘is released’. The author of the Order may have been suffering from ‘Homeric exhaustion’.
Judges:
Lord Justice May Sir Peter Gibson President of the Queens Bench Division
Citations:
[2006] EWCA Civ 280, [2006] 2 Cr App R (S) 109
Links:
Statutes:
Criminal Justice Act 2003 (Commencement No 8 and Transitional and Saving Provisions) Order 2005 23
Jurisdiction:
England and Wales
Citing:
Appeal from – Buddington, Regina (on the Application of) v Secretary of State for the Home Department QBD 14-Oct-2005
The prisoner complained that he had been recalled to prison under the new regulations after his release on licence in respect of an allegation of a breach which had occurred before the new regulations came into effect.
Held: The recall . .
See Also – Buddington, Regina (on the Application of) v Secretary of State for the Home Department Admn 14-Oct-2005
. .
Cited by:
Cited – Stellato, Regina (on the Application of)v Secretary of State for the Home Department HL 28-Feb-2007
The prisoner had served part of his ten year sentence, been released on licence and then recalled. He complained that the new parole system under which he had then to apply was invalid, having been made Parliament by negative resolution.
Held: . .
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.
Prisons
Updated: 16 August 2022; Ref: scu.239602
