Practice and Procedure

R (on the application of STEVEN JAMES ELLERTON) v SECRETARY OF STATE FOR JUSTICE (2009)

PUBLISHED October 28, 2009
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[2009] EWHC 2661 (Admin)

A long-term prisoner serving concurrent sentences for offences committed both before and after 5 April, 2005, who had been released on licence after serving half his custodial sentence in the mistaken belief that the provisions of the Criminal Justice Act 2003 applied to all those sentences, had been "unlawfully at large" within the meaning of the Prison Act 1952 s.49 so as to preclude the time spent on licence from counting towards his custodial term.

QBD (Admin) (Geraldine Andrews QC)

28/10/2009

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