The court considered the complications created when the schemes for providing early release of short term prisoners had not been implemented, but the new Act impacted in the previous arrangements anyway as regards those sentenced to consecutive sentences for less and more than 12 months. The Secretary of State had issue a policy guidance which set out how the calculations of the release date should be made.
Held: The scheme brought in by 2005 Regulations was unlawful, being a policy decision, and: ‘It is simply unacceptable in a society governed by the rule of law for it to be well nigh impossible to discern from statutory provisions what a sentence means in practice. That is the effect here.’
Mitting J said: ‘The only policy capable of giving effect to the policy of the 2003 Act and to the rational expectations of prisoners dealt with under both Acts is to ensure that they are not disadvantaged in relation to Home Detention Curfew, but are subject to the maximum period of licence on release which can lawfully be imposed.’ The one implemented was not such a policy.
Judges:
Mitting J
Citations:
[2008] EWHC 207 (Admin), [2008] ACD 43
Links:
Statutes:
Criminal Justice Act 2003 174(1)(b)(i), Criminal Justice Act 2003
(Commencement No 8 and Transitional and Savings Provisions) Order 2005
Jurisdiction:
England and Wales
Citing:
Cited – Highton, Regina (on the Application of) v Her Majesty’s Youth Offender Institute Lancaster Farms and Another Admn 17-Apr-2007
Challenge to calculation of servable sentence term. . .
Cited by:
At First Instance – 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 . .
Appeal From – 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: . .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing, Prisons
Updated: 13 July 2022; Ref: scu.264522