A, R. v

A, R. v

Credit for time spent on qualifying electronically monitored curfew while on remand to local authority accommodation under s.91(3) of the 2012 Act should be given by the sentencing judge in calculating sentence, but there is no statutory power for automatic administrative deduction for such periods; only time spent in youth detention accommodation under s.91(4) is automatically credited.

Parties
Respondent: Regina; Appellant: A
Jurisdiction
England and Wales
Judgment Date
06 February 2019
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal allowed; sentence quashed and substituted
Legal Topics
Sentencing, Remand Credit, Youth Offenders, Electronic Monitoring, Curfew Conditions
Criminal Law Youth Justice Sentencing Remand Credit Youth Offenders Electronic Monitoring Curfew Conditions

Case Brief

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Parties

Regina

Respondent

A

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether time spent on remand in local authority accommodation under s.91(3) of the Legal Aid Sentencing and Punishment of Offenders Act 2012 can be credited against sentence
  2. 2 Whether time spent subject to an electronically monitored curfew while on such remand should be credited
  3. 3 What is the appropriate mechanism for crediting such time

Ratio Decidendi

Credit for time spent on qualifying electronically monitored curfew while on remand to local authority accommodation under s.91(3) of the 2012 Act should be given by the sentencing judge in calculating sentence, but there is no statutory power for automatic administrative deduction for such periods; only time spent in youth detention accommodation under s.91(4) is automatically credited.

Court Disposition

Appeal allowed; sentence quashed and substituted

Orders

  • Sentence of 5 years’ detention quashed
  • Substituted sentence of 4 years 269 days’ detention under s.91 of the Powers of Criminal Courts (Sentencing) Act 2000