James, R (On the Application Of) v HM Prison Birmingham & Ors [2015] EWCA Civ 58 (09 February 2015)

James, R (On the Application Of) v HM Prison Birmingham & Ors [2015] EWCA Civ 58 (09 February 2015)

There is no statutory or common law requirement for time spent on remand to be credited against sentences for civil contempt. The relevant legislation expressly excludes committals for contempt from provisions requiring such credit. The judge may reflect time on remand by reducing the committal period, but is not obliged to do so, and any such reduction must be explicit in the order. There is no breach of Article 5 or Article 14 ECHR as the situations are not analogous and domestic law is clear.

Citation
[2015] EWCA Civ 58
Parties
Claimant/appellant: Gavin James; First Defendant/respondent: HM Prison Birmingham; Second Defendant/respondent: Governor of HM Prison Birmingham; Third Defendant/respondent: Secretary of State for Justice; First Interested Party: Birmingham City Council; Second Interested Party: G4S Care and Justice Services UK Limited
Jurisdiction
England and Wales
Judgment Date
09 February 2015
Procedural Posture
Judicial Review / Appeal From Refusal of Permission for Judicial Review
Outcome
Application for judicial review refused
Legal Topics
Civil Contempt, Time on Remand, Sentencing, Article 5 ECHR, Article 14 ECHR, Judicial Review
Public Law Prison Law Human Rights Civil Contempt Time on Remand Sentencing Article 5 ECHR Article 14 ECHR +1 more

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Parties

Gavin James

Claimant/appellant

HM Prison Birmingham

First Defendant/respondent

Governor of HM Prison Birmingham

Second Defendant/respondent

Secretary of State for Justice

Third Defendant/respondent

Birmingham City Council

First Interested Party

G4S Care and Justice Services UK Limited

Second Interested Party

Procedural Posture

Judicial Review / Appeal From Refusal of Permission for Judicial Review

Legal Issues

  1. 1 Whether time spent on remand must be credited against sentences for civil contempt under domestic law
  2. 2 Whether failure to credit time on remand breaches Article 5 or Article 14 ECHR

Ratio Decidendi

There is no statutory or common law requirement for time spent on remand to be credited against sentences for civil contempt. The relevant legislation expressly excludes committals for contempt from provisions requiring such credit. The judge may reflect time on remand by reducing the committal period, but is not obliged to do so, and any such reduction must be explicit in the order. There is no breach of Article 5 or Article 14 ECHR as the situations are not analogous and domestic law is clear.

Court Disposition

Application for judicial review refused

Orders

  • Application for judicial review dismissed
  • No obligation on prison authorities to credit time on remand for civil contempt unless expressly stated in the committal order