Practice and Procedure

R (on the application of (1) DANIEL MODHEJ (2) SCOTT SMITH) v SECRETARY OF STATE FOR JUSTICE (2012)

PUBLISHED July 17, 2012

[2012] EWCA Civ 957

Where the Court of Appeal reviewed a sentence imposed under the Criminal Justice Act 2003 and substituted an extended sentence for one of imprisonment for public protection, the offender's continued detention remained subject to the 2003 Act, notwithstanding that the Criminal Justice and Immigration Act 2008 came into force while the appeal was pending.

CA (Civ Div) (Lord Judge LCJ, Lord Neuberger (MR), Moses LJ)