Lunn, R (on the application of) v The Governor of HMP Moorland

Lunn, R (on the application of) v The Governor of HMP Moorland

The appellant was not unlawfully at large within the meaning of section 49 of the Prison Act 1952 during the period between his release and the amended order, as there was no valid court order authorising his detention at that time. The time spent at liberty due to the mistaken order must be counted towards his sentence, and the governor's decision to disregard it was unlawful.

Parties
Appellant/claimant: Jonathan Lunn; Respondent/defendant: Governor of HMP Moorland
Jurisdiction
England and Wales
Judgment Date
25 May 2006
Procedural Posture
Judicial Review / Appeal From Divisional Court to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Unlawful at Large, Effect of Court Orders, Calculation of Sentence, Retrospective Effect of Amended Orders
Criminal Law Prison Law Administrative Law Unlawful at Large Effect of Court Orders Calculation of Sentence Retrospective Effect of Amended Orders

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Parties

Jonathan Lunn

Appellant/claimant

Governor of HMP Moorland

Respondent/defendant

Procedural Posture

Judicial Review / Appeal From Divisional Court to Court of Appeal

Legal Issues

  1. 1 Whether time spent at liberty due to a mistaken court order should count 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 prior lawful acts unlawful

Ratio Decidendi

The appellant was not unlawfully at large within the meaning of section 49 of the Prison Act 1952 during the period between his release and the amended order, as there was no valid court order authorising his detention at that time. The time spent at liberty due to the mistaken order must be counted towards his sentence, and the governor's decision to disregard it 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