Lunn, R (on the application of) v The Governor of HMP Moorland [2006] EWCA Civ 700 (25 May 2006)

Lunn, R (on the application of) v The Governor of HMP Moorland [2006] EWCA Civ 700 (25 May 2006)

The appellant was not unlawfully at large during the period of mistaken release because there was no valid court order authorising his detention at that time; therefore, the time spent at liberty on licence must be counted towards his sentence, and the governor's contrary decision was unlawful.

Source-derived case information.

Citation
[2006] EWCA Civ 700
Parties
Appellant/claimant: Jonathan Lunn; Respondent/defendant: The Governor of HMP Moorland
Jurisdiction
England and Wales
Judgment Date
25 May 2006
Procedural Posture
Judicial Review Appeal / Court of Appeal (civil Division) on Appeal From the High Court (administrative Court)
Outcome
Appeal allowed
Legal Topics
Unlawful at Large, Court Orders and Warrants, Calculation of Prison Sentences, Retrospective Effect of Amended Orders, False Imprisonment, Parole and Early Release, Judicial Review
Criminal Law Administrative Law Prison Law Unlawful at Large Court Orders and Warrants Calculation of Prison Sentences Retrospective Effect of Amended Orders False Imprisonment +2 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Jonathan Lunn

Appellant/claimant

The Governor of HMP Moorland

Respondent/defendant

Procedural Posture

Judicial Review Appeal / Court of Appeal (civil Division) on Appeal From the High Court (administrative Court)

Legal Issues

  1. 1 Whether time spent at liberty due to a mistaken court order counts towards a prison sentence
  2. 2 Whether the appellant was 'unlawfully at large' under section 49 of the Prison Act 1952 during the period of mistaken release
  3. 3 Whether an amended court order has retrospective effect to render a previously lawful release unlawful

Ratio Decidendi

The appellant was not unlawfully at large during the period of mistaken release because there was no valid court order authorising his detention at that time; therefore, the time spent at liberty on licence must be counted towards his sentence, and the governor's contrary decision was unlawful.

Court Disposition

Appeal allowed

Orders

  • Governor's decision quashed
  • Matter remitted to the governor to recalculate the appellant's release date in accordance with the judgment