McAtee, R (On the Application Of) v The Secretary of State for Justice

McAtee, R (On the Application Of) v The Secretary of State for Justice

The challenge to the statutory licence regime for IPP sentences is a criminal cause or matter because the licence is an integral part of the sentence imposed by the Crown Court, and the proceedings directly concern the legality of an aspect of the criminal sentence. Therefore, the Court of Appeal has no jurisdiction...

Source-derived case information.

Parties
Applicant: Paul McAtee; Respondent: Secretary of State for Justice
Jurisdiction
England and Wales
Judgment Date
20 December 2018
Procedural Posture
Judicial Review / Appeal From Divisional Court, Jurisdictional Determination
Outcome
Court of Appeal has no jurisdiction; applications dismissed.
Legal Topics
Imprisonment for Public Protection (ipp), Indeterminate Sentences, Licence Regime, Jurisdiction, Declaration of Incompatibility, Article 8 ECHR
Criminal Law Constitutional Law Human Rights Imprisonment for Public Protection (ipp) Indeterminate Sentences Licence Regime Jurisdiction Declaration of Incompatibility +1 more

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Parties

Paul McAtee

Applicant

Secretary of State for Justice

Respondent

Procedural Posture

Judicial Review / Appeal From Divisional Court, Jurisdictional Determination

Legal Issues

  1. 1 Whether the Court of Appeal has jurisdiction to entertain an appeal from the Divisional Court in a criminal cause or matter under s.18 of the Senior Courts Act 1981
  2. 2 Whether a challenge to the statutory licence regime for IPP sentences constitutes a criminal cause or matter

Ratio Decidendi

The challenge to the statutory licence regime for IPP sentences is a criminal cause or matter because the licence is an integral part of the sentence imposed by the Crown Court, and the proceedings directly concern the legality of an aspect of the criminal sentence. Therefore, the Court of Appeal has no jurisdiction under s.18 of the Senior Courts Act 1981.

Court Disposition

Court of Appeal has no jurisdiction; applications dismissed.

Orders

  • Permission to appeal refused.
  • Judgment may be cited.