[2009] EWCA Crim 374

Where an offender had committed offences whilst on licence and the Probation Service had made the decision not to recall him to custody, there had been no justification for deciding that time spent in custody on remand should not count towards a sentence under the Criminal Justice Act 2003 s.240 simply because the offender had been on licence at the time of the offences and had not had to spend the rest of the licence period in custody.

CA (Crim Div) (Lord Judge LCJ, Wyn Williams J, Holroyde J)

18/02/2009