Highton, R (on the application of) v HMYOI Lancaster Farms & Anor

Highton, R (on the application of) v HMYOI Lancaster Farms & Anor

Paragraph 14 of Schedule 2 of the 2005 Order applies to any sentence of imprisonment under 12 months, regardless of whether other sentences exceed 12 months. The relevant provisions of the 2003 Act for sentences under 12 months are not in force, and the claimant's interpretation would require impermissible mixing of two statutory regimes. The Secretary of State's refusal to grant special remission was not irrational given the claimant's breach of curfew.

Parties
Claimant: Steven Highton; First Defendant: Governor of HMYOI Lancaster Farms; Second Defendant: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
17 April 2007
Procedural Posture
Judicial Review / Judgment After Substantive Hearing
Outcome
Application for judicial review dismissed
Legal Topics
Sentencing, Transitional Provisions, Home Detention Curfew, Judicial Review, Statutory Interpretation
Criminal Law Administrative Law Sentencing Transitional Provisions Home Detention Curfew Judicial Review Statutory Interpretation

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Parties

Steven Highton

Claimant

Governor of HMYOI Lancaster Farms

First Defendant

Secretary of State for the Home Department

Second Defendant

Procedural Posture

Judicial Review / Judgment After Substantive Hearing

Legal Issues

  1. 1 Proper interpretation of paragraph 14 of Schedule 2 of the Criminal Justice Act (Commencement No 8 and Transitional and Saving Provisions) Order 2005 SI 2005/950
  2. 2 Whether the claimant's sentence calculation was in accordance with the relevant statutory provisions
  3. 3 Whether the refusal to allow special remission was irrational

Ratio Decidendi

Paragraph 14 of Schedule 2 of the 2005 Order applies to any sentence of imprisonment under 12 months, regardless of whether other sentences exceed 12 months. The relevant provisions of the 2003 Act for sentences under 12 months are not in force, and the claimant's interpretation would require impermissible mixing of two statutory regimes. The Secretary of State's refusal to grant special remission was not irrational given the claimant's breach of curfew.

Court Disposition

Application for judicial review dismissed

Orders

  • Application for judicial review dismissed
  • No order for costs against the claimant