Source: All England Reporter
Publisher Citation: [2009] All ER (D) 20 (Nov)
Neutral Citation: [2009] EWHC 2675 (Admin)
Court: Queen's Bench Division, Administrative Court (London)

Walker J

Representation Andrew Molloy (instructed by Millerchip Murray, Coventry) for the claimant.
  Sarah Hannett (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 13 August 2009


Prison - Release on licence - Recall of long-term prisoner - Recall and re-release provisions - Transitional provision governing introduction of provision dealing with long-term prisoners released pursuant to one regime and recalled under a different regime - Meaning of transitional provision - Pt 2, ss 33(1), 50A - s 254 - s 32(1), Sch 27, Pt 2, para 12 - CPR 8.

The Case

Prison Release on licence. The Administrative Court gave a ruling on the true construction of para12 of Pt2 of Sch27 to the . It was held that the words 'the amendment made by subsection (1) of section 32 applies in relation to any person who is recalled under of the Criminal Justice Act 2003 on or after the commencement of section 32' in para12 explained that the crucial date was the date of recall, and the obvious purpose of the words in the remainder of the paragraph was to explain that in that regard the date of release on licence did not matter at all.

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