Roberts & Ors, R. v [2016] EWCA Crim 71 (18 March 2016)

Roberts & Ors, R. v [2016] EWCA Crim 71 (18 March 2016)

The Court of Appeal will not extend time to allow appeals against IPP sentences properly and lawfully imposed under the statutory regime and case law as it stood at the time, even if the minimum term has long expired and subsequent developments have rendered the continued detention controversial or problematic. The remedy for any injustice lies with the Parole Board, Executive, or Parliament, not the appellate court. The applications for extension of time are refused.

Citation
[2016] EWCA Crim 71
Parties
Respondent: Regina; Applicant: Mark Roberts; Applicant: Natasha Precado; Applicant: David Craig Quaglia; Applicant: Paul Anthony Woodward; Applicant: Simeon Peter Gittens; Applicant: Joseph Steven Powney; Applicant: Nigel Darren Garbutt; Applicant: Jason William Warwick; Applicant: Martin Lee Fay; Applicant: Kelly Georgina Diveney; Applicant: Darren Paul Byrne; Applicant: Sonnie Michael Wakeling; Applicant: Sean Dowe
Jurisdiction
England and Wales
Judgment Date
18 March 2016
Procedural Posture
Criminal Appeal / Application for Extension of Time to Appeal Against Sentence
Outcome
Applications for extension of time refused
Legal Topics
Imprisonment for Public Protection (ipp), Dangerous Offenders, Extension of Time, Human Rights, Appeals Procedure
Criminal Law Sentencing Imprisonment for Public Protection (ipp) Dangerous Offenders Extension of Time Human Rights Appeals Procedure

Case Brief

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Parties

Regina

Respondent

Mark Roberts

Applicant

Natasha Precado

Applicant

David Craig Quaglia

Applicant

Paul Anthony Woodward

Applicant

Simeon Peter Gittens

Applicant

Joseph Steven Powney

Applicant

Nigel Darren Garbutt

Applicant

Jason William Warwick

Applicant

Martin Lee Fay

Applicant

Kelly Georgina Diveney

Applicant

Darren Paul Byrne

Applicant

Sonnie Michael Wakeling

Applicant

Sean Dowe

Applicant

Procedural Posture

Criminal Appeal / Application for Extension of Time to Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentences of Imprisonment for Public Protection (IPP) imposed between 2005 and 2008 were justified under statutory criteria and case law
  2. 2 Whether the Court of Appeal should extend time to allow appeals against IPP sentences many years out of time
  3. 3 Whether continued detention under IPP sentences breaches Articles 3 or 5 ECHR

Ratio Decidendi

The Court of Appeal will not extend time to allow appeals against IPP sentences properly and lawfully imposed under the statutory regime and case law as it stood at the time, even if the minimum term has long expired and subsequent developments have rendered the continued detention controversial or problematic. The remedy for any injustice lies with the Parole Board, Executive, or Parliament, not the appellate court. The applications for extension of time are refused.

Court Disposition

Applications for extension of time refused

Orders

  • No extension of time granted for any applicant to appeal against sentence
  • No leave to appeal out of time