Stellato, R (on the application of) v Secretary of State for the Home Department

The appellant's licence expired pursuant to section 37(1) of the Criminal Justice Act 1991, rendering his recall and subsequent detention unlawful and entitling him to immediate release.

Parties: Claimant/applicant: Stellato; Defendant/respondent: Secretary of State for the Home Department
Jurisdiction: England and Wales
Judgment Date: 01 December 2006
Procedural Posture: Judicial Review / Appeal From High Court
Outcome: appeal allowed
Legal Topics: Prisoner Recall, Licence Duration, Unlawful Detention

Criminal Law Public Law Prisoner Recall Licence Duration Unlawful Detention

Case Brief

Summary, issues, holding and outcome

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Parties

Stellato

Claimant/applicant

Secretary of State for the Home Department

Defendant/respondent

Procedural Posture

Judicial Review / Appeal From High Court

Legal Issues

1 Whether section 37(1) of the Criminal Justice Act 1991 governs licence duration for prisoners recalled after 4 April 2005 whose offences were committed before 30 September 1998
2 Whether the appellant's recall and subsequent detention were unlawful

Ratio Decidendi

The appellant's licence expired pursuant to section 37(1) of the Criminal Justice Act 1991, rendering his recall and subsequent detention unlawful and entitling him to immediate release.

Court Disposition

appeal allowed

Orders

Declaration that section 37(1) of the Criminal Justice Act 1991 governs licence duration for relevant prisoners
Declaration that appellant's licence expired on 27 December 2005