Stellato, R (on the application of) v Secretary of State for the Home Department [2006] EWCA Civ 1733 (01 December 2006)

Stellato, R (on the application of) v Secretary of State for the Home Department [2006] EWCA Civ 1733 (01 December 2006)

Section 37(1) of the Criminal Justice Act 1991 continues to govern the duration of licence for prisoners whose offences were committed before 30 September 1998, even if recalled after 4 April 2005. The appellant's licence expired on 27 December 2005 and his recall and detention thereafter were unlawful.

Citation
[2006] EWCA Civ 1733
Parties
Claimant/appellant: Stellato; Defendant/respondent: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
01 December 2006
Procedural Posture
Judicial Review Appeal / Court of Appeal (civil Division) Judgment on Appeal From Divisional Court
Outcome
Appeal allowed
Legal Topics
Recall of Prisoners, Licence Duration, Unlawful Detention, Retrospective Application of Statute
Criminal Law Public Law Recall of Prisoners Licence Duration Unlawful Detention Retrospective Application of Statute

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Parties

Stellato

Claimant/appellant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Judicial Review Appeal / Court of Appeal (civil Division) Judgment on Appeal From Divisional Court

Legal Issues

  1. 1 Whether section 37(1) of the Criminal Justice Act 1991 continues to govern the duration of licence for prisoners whose offences were committed before 30 September 1998 and who are recalled after 4 April 2005
  2. 2 Whether the recall and subsequent detention of the appellant was lawful

Ratio Decidendi

Section 37(1) of the Criminal Justice Act 1991 continues to govern the duration of licence for prisoners whose offences were committed before 30 September 1998, even if recalled after 4 April 2005. The appellant's licence expired on 27 December 2005 and his recall and detention thereafter were unlawful.

Court Disposition

Appeal allowed

Orders

  • Declaration that section 37(1) of the Criminal Justice Act 1991 continues to govern the duration of licence for relevant prisoners
  • Declaration that the appellant's licence expired on 27 December 2005