Norman Rowan, R (on the application of) v The Governor of His Majesty's Prison Berwyn & Anor

Norman Rowan, R (on the application of) v The Governor of His Majesty's Prison Berwyn & Anor

The appellant was sentenced under section 227 of the Criminal Justice Act 2003, and his detention and release were governed by the provisions of that Act. The absence or destruction of a warrant for imprisonment did not render his detention unlawful, as the lawful authority was the sentence of the Crown Court and the statutory regime. There was no breach of the appellant's Convention rights.

Parties
Claimant/appellant: Norman Rowan; Defendant/respondent: Governor of His Majesty's Prison Berwyn; Defendant/respondent: Secretary of State for Justice
Jurisdiction
England and Wales
Judgment Date
18 January 2023
Procedural Posture
Judicial Review / Appeal From High Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Recall to Prison, Lawfulness of Detention, Sentencing Regime, Warrant for Imprisonment, Retrospective Penalties, European Convention on Human Rights
Criminal Law Administrative Law Human Rights Recall to Prison Lawfulness of Detention Sentencing Regime Warrant for Imprisonment Retrospective Penalties +1 more

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Parties

Norman Rowan

Claimant/appellant

Governor of His Majesty's Prison Berwyn

Defendant/respondent

Secretary of State for Justice

Defendant/respondent

Procedural Posture

Judicial Review / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether the absence of a warrant for imprisonment rendered the appellant's detention unlawful
  2. 2 Whether the appellant was subject to the release provisions of the Criminal Justice Act 1991 or the Criminal Justice Act 2003
  3. 3 Whether the calculation of the appellant's release date was correct

Ratio Decidendi

The appellant was sentenced under section 227 of the Criminal Justice Act 2003, and his detention and release were governed by the provisions of that Act. The absence or destruction of a warrant for imprisonment did not render his detention unlawful, as the lawful authority was the sentence of the Crown Court and the statutory regime. There was no breach of the appellant's Convention rights.

Court Disposition

Appeal dismissed

Orders

  • Respondents' application for permission to adduce fresh evidence refused
  • Appellant's appeal dismissed