Practice and Procedure

R v JAMES O'NEIL (2007)

PUBLISHED November 14, 2007

[2007] EWCA Crim 3490

A prisoner who had failed to return from a day's town leave had not committed the offence of escape. Rather, in light of the decision in R. v Montgomery (David John) [2007] EWCA Crim 2157, [2008] 1 W.L.R. 636, it was an offence contrary to the Prisoners (Return to Custody) Act 1995 s.1(1), but the Court of Appeal could not substitute a conviction for that offence because the prisoner could not on the indictment he faced have been convicted of, or pleaded guilty to, that alternative offence.

CA (Crim Div) (Hughes LJ, Wyn Williams J, Judge Richard Brown)