Where an offender had been released from prison under licence, but committed a further offence whilst released on licence, and had already been recalled to prison by way of his licence being revoked under section 39, that did not prevent a court dealing with the offender also making an order under s40 for the remainder of the original term to be served consecutively if that was appropriate. The sole concern of the Parole Board is with risk, and it has no role at all in the imposition of punishment.
Citations:
Times 10-Nov-1999, Gazette 10-Nov-1999, [2000] 1 Cr App R 409, [2000] 1 WLR 160
Statutes:
Criminal Justice Act 1991 39 40
Jurisdiction:
England and Wales
Cited by:
Cited – Regina v Stocker CACD 20-Jan-2003
Whilst released on licence from prison, the defendant committed further related offences. On sentencing the judge erred in calculating the amount of time to be served for the breach of the licence. Having been recalled, the time served between . .
Cited – Regina v Parole Board ex parte Smith, Regina v Parole Board ex parte West (Conjoined Appeals) HL 27-Jan-2005
Each defendant challenged the way he had been treated on revocation of his parole licence, saying he should have been given the opportunity to make oral representations.
Held: The prisoners’ appeals were allowed.
Lord Bingham stated: . .
Lists of cited by and citing cases may be incomplete.
Prisons
Updated: 25 October 2022; Ref: scu.85553
