Lunn, R (on the application of) v The Governor of HMP Moorland [2006] EWHC 1216 (Admin) (25 May 2006)

Lunn, R (on the application of) v The Governor of HMP Moorland [2006] EWHC 1216 (Admin) (25 May 2006)

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 date of the amended order; the time spent at liberty on licence due to a mistaken court order must be counted towards his sentence, as he was not liable to be detained during that period.

Citation
[2006] EWHC 1216 (Admin)
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 / Court of Appeal (civil Division)
Outcome
appeal allowed
Legal Topics
False Imprisonment, Unlawful at Large, Court Orders, Licence Release, Retrospective Amendment, Statutory Interpretation
Criminal Law Prison Law Administrative Law False Imprisonment Unlawful at Large Court Orders Licence Release Retrospective Amendment +1 more

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Parties

Jonathan Lunn

Appellant/claimant

Governor of HMP Moorland

Respondent/defendant

Procedural Posture

Judicial Review Appeal / Court of Appeal (civil Division)

Legal Issues

  1. 1 Whether time spent at liberty due to a mistaken court order counts towards a prisoner's 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 retrospective amendment of a court order renders 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 date of the amended order; the time spent at liberty on licence due to a mistaken court order must be counted towards his sentence, as he was not liable to be detained during that period.

Court Disposition

appeal allowed

Orders

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