Practice and Procedure

R (on the application of MODHEJ) v SECRETARY OF STATE FOR JUSTICE : R (on the application of SMITH) v SECRETARY OF STATE FOR JUSTICE (2011)

PUBLISHED August 26, 2011

[2011] EWHC 2267 (Admin)

For the purposes of the Criminal Justice and Immigration Act 2008 (Commencement No. 2 and Transitional and Saving Provisions) Order 2008 Sch.2 para.2, a person was "sentenced" when his sentence was determined by the first-instance court, not when the Court of Appeal imposed a fresh sentence.

DC (Thomas LJ, Davis J, Treacy J)