Rowan, R (On the Application Of) v Governor of His Majesty's Prison Berwyn & Anor [2023] EWCA Civ 27 (18 January 2023)

Rowan, R (On the Application Of) v Governor of His Majesty's Prison Berwyn & Anor [2023] EWCA Civ 27 (18 January 2023)

The appellant was sentenced under section 227 of the Criminal Justice Act 2003, not section 85 of the 2000 Act; his detention was lawful despite the absence of a warrant, and the release provisions of the 2003 Act applied throughout, with no breach of Convention rights.

Citation
[2023] EWCA Civ 27
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 / Court of Appeal, Post High Court Dismissal
Outcome
Appeal dismissed
Legal Topics
Sentencing, Recall to Prison, Release Provisions, False Imprisonment, Retrospective Penalties, Convention Rights
Criminal Law Administrative Law Human Rights Sentencing Recall to Prison Release Provisions False 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 / Court of Appeal, Post High Court Dismissal

Legal Issues

  1. 1 Whether the absence of a warrant for imprisonment rendered detention unlawful
  2. 2 Whether the sentence was imposed under section 85 of the 2000 Act or section 227 of the 2003 Act
  3. 3 Whether release provisions of the 1991 Act or 2003 Act applied

Ratio Decidendi

The appellant was sentenced under section 227 of the Criminal Justice Act 2003, not section 85 of the 2000 Act; his detention was lawful despite the absence of a warrant, and the release provisions of the 2003 Act applied throughout, with no breach of Convention rights.

Court Disposition

Appeal dismissed

Orders

  • Respondents' application for permission to adduce fresh evidence refused
  • High Court decision affirmed