Barnes, R. v [2024] EWCA Crim 1548 (13 December 2024)

Barnes, R. v [2024] EWCA Crim 1548 (13 December 2024)

Section 244ZA of the Criminal Justice Act 2003 applies to offenders sentenced after 28 June 2022 for offences of causing death by dangerous driving, regardless of when the offence was committed, provided that at the date of sentence the offence carries a maximum penalty of life imprisonment. The two-thirds release provision applies. Application of section 244ZA in these circumstances does not breach Article 7(1) ECHR, as early release provisions are not part of the penalty for Convention purposes.

Citation
[2024] EWCA Crim 1548
Parties
Respondent: Rex; Appellant: Danny Barnes; Intervener/defendant: Secretary of State for Justice; Defendant: Youssef Berouain; Intervener: Attorney-General; Claimant: Jordan Lill
Jurisdiction
England and Wales
Judgment Date
13 December 2024
Procedural Posture
Criminal Appeal and Judicial Review / Court of Appeal (criminal Division) and High Court Judgment
Outcome
Appeals and judicial review dismissed; Attorney-General's Reference answered in the affirmative.
Legal Topics
Sentencing, Early Release of Prisoners, Interpretation of Statutes, Retrospective Legislation, Article 7 ECHR
Criminal Law Administrative Law Sentencing Early Release of Prisoners Interpretation of Statutes Retrospective Legislation Article 7 ECHR

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Parties

Rex

Respondent

Danny Barnes

Appellant

Secretary of State for Justice

Intervener/defendant

Youssef Berouain

Defendant

Attorney-General

Intervener

Jordan Lill

Claimant

Procedural Posture

Criminal Appeal and Judicial Review / Court of Appeal (criminal Division) and High Court Judgment

Legal Issues

  1. 1 Whether section 244ZA of the Criminal Justice Act 2003 applies to offenders convicted of causing death by dangerous driving where the offence occurred before 28 June 2022 but sentence was passed after that date
  2. 2 Whether the two-thirds release provision applies or the half-sentence release provision applies in such cases
  3. 3 Whether application of section 244ZA in these circumstances breaches Article 7(1) ECHR (no heavier penalty without law)

Ratio Decidendi

Section 244ZA of the Criminal Justice Act 2003 applies to offenders sentenced after 28 June 2022 for offences of causing death by dangerous driving, regardless of when the offence was committed, provided that at the date of sentence the offence carries a maximum penalty of life imprisonment. The two-thirds release provision applies. Application of section 244ZA in these circumstances does not breach Article 7(1) ECHR, as early release provisions are not part of the penalty for Convention purposes.

Court Disposition

Appeals and judicial review dismissed; Attorney-General's Reference answered in the affirmative.

Orders

  • Section 244ZA applies to all offenders sentenced after 28 June 2022 for offences of causing death by dangerous driving, regardless of the date of offence.
  • Release on licence will occur after two-thirds of the sentence is served for such offenders.