Source: All England Reporter
Publisher Citation: [2007] All ER (D) 322 (Feb)
Neutral Citation: [2006] EWCA Crim 2368
Court: Court of Appeal, Criminal Division
Judge:

Cresswell J and Judge Chapman sitting as a Judge of the Court of Appeal, Criminal Division

Representation Nicholas Tatlow (assigned by the Registrar of Criminal Appeals) for the defendant.
Judgment Dates: 2 October 2006

Catchwords

Sentence - Detention and training order - Assault occasioning actual bodily harm - Account to be taken of time spent on remand - Judge deducting time spent on remand when setting determinate sentence - Whether sentence unfair having regard to effect of time spent on remand on release date for adults - (Sentencing) Act 2000, s 101(8) - , ss 240(3), 244.

The Case

In looking at the time spent on remand when considering a detention and training order, it was necessary for the sentencing court to double the time spent on remand before deciding on the appropriate period of detention. The court should not always settle on the next lowest prescribed period for a detention and training order, but, generally, should adopt the nearest prescribed period.

If you are a LexisLibrary subscriber you can read more about this case here.