[2010] EWCA Crim 371

Where an offender had committed a new offence during his release on licence and had been recalled to prison, a judge was not entitled to pass an increased sentence for the new offence in order to ensure that the offender served some additional time in prison for the new offence on top of the outstanding sentence for the original offence. The judge had faced that situation due to the unintended result of the heavily complex sentencing legislation, but it was for Parliament to provide an effective solution which could possibly be the reinstatement of the repealed Powers of Criminal Courts (Sentencing) Act 2000 s.116.

CA (Crim Div) (Hughes LJ (V-P) , Mackay J, Lloyd Jones J)

02/03/2010