The appellant had been released on licence during his sentence but then recalled. He contended that the effect of the newly introduced section 50A was a retrospective increase in his sentencce.
Judges:
Lord Nueberger MR, Moses, Munby LJJ
Citations:
[2010] EWCA Civ 848, [2010] 1 WLR 2380
Links:
Statutes:
Criminal Justice Act 1991 50A, European Convention on Human Rights 6
Jurisdiction:
England and Wales
Citing:
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: . .
Cited – Black, Regina (on the Application of) v Secretary of State for Justice HL 21-Jan-2009
The appellant complained that the system for considering the release of a life prisoner did not comply with the Convention when the decision was made by the Secretary of State and not by the Parole Board, or the court. The Board had recommended his . .
Cited – Practice Direction (Criminal Proceedings: Consolidation) CACD 8-Jul-2002
. .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing, Human Rights
Updated: 03 September 2022; Ref: scu.430473