The appellant had escaped from custody between conviction and sentence. After re-arrest he was charged with absconding, but also sentenced at prison to an additional term for escaping. He now claimed autrefois convict.
Held: The decision of the prison adjudicator was through no fault of his own, so wrong in law as to be outside or in excess of jurisdiction. The decision of the independent adjudicator was void ab initio but not merely voidable.
Judges:
Sir Brian Leveson P QBD, Haddon Cave J, Inman QC HHJ
Citations:
[2017] EWCA Crim 936, [2017] WLR(D) 698
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Hogan CA 1960
A prison adjudication in relation to an escaped prisoner did not prevent subsequent criminal proceedings in respect of the same escape . .
Cited – Webster v Lord Chancellor CA 14-Jul-2015
The claimant appealed against rejection of his allegations against his trial judge of bad faith. He had been convicted at trial, but later released.
Held: The appeal failed. The allegations made that errors of approach of a Crown Court judge . .
Lists of cited by and citing cases may be incomplete.
Crime
Updated: 01 April 2022; Ref: scu.598720