Practice and Procedure

R (on the application of REBECCA NOONE) v (1) GOVERNOR OF DRAKE HALL PRISON (2) SECRETARY OF STATE FOR JUSTICE (2008)

PUBLISHED October 17, 2008
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[2008] EWCA Civ 1097

A judge had been wrong to grant judicial review of the calculation of a prisoner's earliest release date under home detention curfew. Where consecutive sentences were imposed, and one or more of those sentences was less than 12 months, the Criminal Justice Act 2003 (Commencement No.8 and Transitional and Saving Provisions) Order 2005 Sch.2 para.14 applied irrespective of whether other sentences imposed were of a longer duration.

CA (Civ Div) (Sir Anthony Clarke MR, Scott Baker LJ, Wall LJ)

17/10/2008

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