James, R (On the Application Of) v HM Prison Birmingham & Ors

James, R (On the Application Of) v HM Prison Birmingham & Ors

Civil contemnors are not entitled to credit for time spent on remand unless the sentencing judge expressly reduces the fixed term; prison authorities have no power to deduct remand time; no breach of domestic law or ECHR.

Parties
Claimant/appellant: Gavin James; Defendant/respondent: HM Prison Birmingham; Defendant/respondent: Governor of HM Prison Birmingham; Defendant/respondent: Secretary of State for Justice; Interested Party: Birmingham City Council; 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; Final Judgment
Outcome
Application for judicial review refused.
Legal Topics
Credit for Time on Remand, Civil Contempt, Sentencing, Discrimination Under ECHR, Interpretation of Statutory Provisions
Civil Procedure Human Rights Prison Law Credit for Time on Remand Civil Contempt Sentencing Discrimination Under ECHR Interpretation of Statutory Provisions

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Parties

Gavin James

Claimant/appellant

HM Prison Birmingham

Defendant/respondent

Governor of HM Prison Birmingham

Defendant/respondent

Secretary of State for Justice

Defendant/respondent

Birmingham City Council

Interested Party

G4S Care and Justice Services UK Limited

Interested Party

Procedural Posture

Judicial Review / Appeal From Refusal of Permission; Final Judgment

Legal Issues

  1. 1 Whether civil contemnors are entitled to credit for time spent on remand
  2. 2 Whether failure to give credit breaches Article 5 and Article 14 ECHR
  3. 3 Whether sentencing judge has power or duty to give credit for remand time

Ratio Decidendi

Civil contemnors are not entitled to credit for time spent on remand unless the sentencing judge expressly reduces the fixed term; prison authorities have no power to deduct remand time; no breach of domestic law or ECHR.

Court Disposition

Application for judicial review refused.

Orders

  • Application dismissed.
  • No credit for time spent on remand unless expressly reflected in fixed term by sentencing judge.