Metcalfe, R. v

Metcalfe, R. v

It was not just in all the circumstances to decline to credit the remand period against sentence, given the Probation Service's decision not to recall the appellant and the statutory imperative to avoid unjustified detention.

Source-derived case information.

Parties
Respondent: Regina; Applicant: Billy Metcalfe
Jurisdiction
England and Wales
Judgment Date
18 February 2009
Procedural Posture
Criminal Appeal / Judgment on Appeal Against Sentence
Outcome
appeal allowed
Legal Topics
Sentencing, Credit for Time Spent on Remand, Recall During Licence Period
Criminal Law Sentencing Credit for Time Spent on Remand Recall During Licence Period

Source-derived case record

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Parties

Regina

Respondent

Billy Metcalfe

Applicant

Procedural Posture

Criminal Appeal / Judgment on Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred in not directing that 88 days spent on remand should count towards the sentence under section 240 of the Criminal Justice Act 2003
  2. 2 Whether the appellant was denied the opportunity to address the court on the issue of credit for remand time

Ratio Decidendi

It was not just in all the circumstances to decline to credit the remand period against sentence, given the Probation Service's decision not to recall the appellant and the statutory imperative to avoid unjustified detention.

Court Disposition

appeal allowed

Orders

  • The 88 days spent in custody on remand shall count towards the appellant's sentence pursuant to section 240 of the Criminal Justice Act 2003.