Supreme Court rules on early release dates

Inter-relationship between sentencing provisions of CJA 1991 and CJA 2003 explained

 

In R (on the application of Noone) (Appellant) v The Governor of HMP Drake Hall and another Respondents) [2010] UKSC 30 the appeal raised the question, where sentences of under and over 12 months were ordered to be served consecutively, of how they were to be linked together and how the provisions as to early release on Home Detention Curfew and licence were to operate in relation to each sentence.

Lord Judge deplored the fact that "so much intellectual effort, as well as public time and resources, have had to be expended in order to discover a route through the legislative morass to what should be, both for the prisoner herself, and for those responsible for her custody, the prison authorities, the simplest and most certain of questions – the prisoner’s release date".

To read the Supreme Court's Press Summary click here.

Date Added: 30th June 2010