Sherry v The Queen: PC 4 Mar 2013

Discretion as to credit for remand time

(Guernsey) In 1980 the appellant had been sentenced to three months imprisonment. He had spent 10 days on remand, but no allowance was given for that time. He gave notice of appeal, but after being released on open remand, he failed to appear at his appeal, and was ordered to serve the three months less only five days served. By then he had served the 33 days also following his initial conviction. He sought leave to appeal so that he could return to the island.
Held: The appeal failed. The law was not uncertain. Anyone entering such an appeal would know from the relevant statute that the court would be given a discretion as to the date from which his sentence would run, whether from the date of its own order or from the date when it was imposed, or from some other date which would take into account the time already served.

Lord Neuberger, Lady Hale, Lord Kerr, Lord Wilson, Lord Sumption
[2013] UKPC 7
CitedIn re McKerr (Northern Ireland) HL 11-Mar-2004
The deceased had been shot by soldiers of the British Army whilst in a car in Northern Ireland. The car was alleged to have ‘run’ a checkpoint. The claimants said the investigation, now 20 years ago, had been inadequate. The claim was brought under . .
CitedBirmingham City Council, Regina (on the Application of) v Birmingham Crown Court, RR interested Party; similar Admn 17-Dec-2009
Applicant councils sought to challenge by judicial review leave given to appeal out of time against ASBO orders.
Held: The requests failed. The courts were required when considering such applications to allow for the age of the defendant. The . .
CitedTaylor v Lawrence CA 4-Feb-2002
A party sought to re-open a judgment on the Court of Appeal after it had been perfected. A case had been tried before a judge. One party had asked for a different judge to be appointed, after the judge disclosed that he had been a client of the firm . .
CitedCallachand and Another v State of Mauritius PC 4-Nov-2008
(Mauritius) ‘In principle it seems to be clear that where a person is suspected of having committed an offence, is taken into custody and is subsequently convicted, the sentence imposed should be the sentence which is appropriate for the offence. It . .
CitedGordon, Regina v; Regina v Taylor etc CACD 8-Feb-2007
The court considered the interaction of sections 240 of the 2003 Act, and 67 of the 1967 Act as applied to time spent on remand.
Held: The court laying down the sentence should address this issue, and declare whether all time or otherwise . .
CitedKumar Ali v The State (Appeal 56 of 2004) and Leslie Tiwari v The State PC 2-Nov-2005
PC (Trinidad and Tobago) The Board was asked to determine the date from which an unsuccessful appellant’s sentence should run. Pending an appeal or whilst on remand, a prisoner would be held in less demanding . .
CitedThe Sunday Times (No 1) v The United Kingdom ECHR 26-Apr-1979
Offence must be ;in accordance with law’
The court considered the meaning of the need for an offence to be ‘in accordance with law.’ The applicants did not argue that the expression prescribed by law required legislation in every case, but contended that legislation was required only where . .
CitedWinterwerp v The Netherlands ECHR 24-Oct-1979
A Dutch national detained in hospital complained that his detention had divested him of his capacity to administer his property, and thus there had been determination of his civil rights and obligations without the guarantee of a judicial procedure. . .

Lists of cited by and citing cases may be incomplete.

Commonwealth, Prisons, Human Rights

Updated: 11 November 2021; Ref: scu.471319