Source: All England Reporter
Publisher Citation: [2010] All ER (D) 179 (May)
Neutral Citation: [2010] EWCA Civ 848
Court: Court of Appeal, Civil Division
Judge:

Lord Neuberger MR, Moses and Munby LJJ (judgment delivered extempore)

Representation Hugh Southey QC (instructed by Kaim Todner) for the claimant.
  James Strachan (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 19 May 2010

Catchwords

Prison - Release on licence - Early release of prisoners - Claimant prisoner sentenced to term of five years' imprisonment - Claimant released on licence but recalled - Amendments to relevant legislation meaning claimant no longer entitled to automatic release after serving three-quarters of sentence - Claimant commencing proceedings for judicial review - Judge dismissing judicial review claim - Whether removal of entitlement to early release amounting to retrospective change of circumstances and breach of human rights - s 50A - s 254 - s 32(1) - European Convention on Human Rights, art 6.

The Case

Prison Release on licence. The Court of Appeal, Civil Division, found that where the legislation relating to early release provisions had been amended by the insertion of s50A into the by the meaning that the claimant's automatic right to release after serving three-quarters of his sentence had been removed, his actual sentence remained unchanged, and, therefore, whilst the legislature had changed the provisions relating to early release, it had not interfered with the sentence that had been passed.

Practice Areas

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