[2012] EWCA Crim 1350

Where an offender had committed offences of assault and theft while on licence, a sentence which ordered his return to custody pursuant to the Powers of Criminal Courts (Sentencing) Act 2000 s.116 to serve the remaining months of a manslaughter sentence, such period to run from the date of commission of the assault and theft offences, and to be followed by concurrent sentences in respect of those offences, was unlawful. There was no power to backdate the operation of a s.116 order to the date of the most recent offences or to any other prior date.

CA (Crim Div) (Stanley Burnton LJ, Maddison J, Judge Russell QC (Recorder of Preston))

24/05/2012