R (on the application of Noone) v The Governor of HMP Drake Hall and another

R (on the application of Noone) v The Governor of HMP Drake Hall and another

The transitional provision (paragraph 14) must be interpreted so that the 1991 Act applies to sentences of less than 12 months only when not imposed concurrently or consecutively with sentences of 12 months or more. Where mixed sentences are imposed, the 2003 Act applies, and the custodial period for under 12 month sentences is defined as one-half of the term, ensuring uniformity and avoiding irrational results.

Parties
Appellant: Rebecca Noone; Respondents: Governor of HMP Drake Hall and another
Jurisdiction
England and Wales
Judgment Date
30 June 2010
Procedural Posture
Judicial Review / Appeal to Supreme Court
Outcome
Appeal allowed
Legal Topics
Early Release, Home Detention Curfew, Consecutive Sentences, Transitional Provisions
Criminal Law Sentencing Statutory Interpretation Early Release Home Detention Curfew Consecutive Sentences Transitional Provisions

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Parties

Rebecca Noone

Appellant

Governor of HMP Drake Hall and another

Respondents

Procedural Posture

Judicial Review / Appeal to Supreme Court

Legal Issues

  1. 1 How should transitional provisions in the Criminal Justice Act 2003 and the Criminal Justice Act 1991 be interpreted regarding consecutive sentences of less than and more than 12 months?
  2. 2 What is the correct calculation for early release and Home Detention Curfew eligibility when sentences of less than 12 months are imposed consecutively with sentences of 12 months or more?

Ratio Decidendi

The transitional provision (paragraph 14) must be interpreted so that the 1991 Act applies to sentences of less than 12 months only when not imposed concurrently or consecutively with sentences of 12 months or more. Where mixed sentences are imposed, the 2003 Act applies, and the custodial period for under 12 month sentences is defined as one-half of the term, ensuring uniformity and avoiding irrational results.

Court Disposition

Appeal allowed

Orders

  • Application for judicial review allowed
  • Declaration that appellant’s release dates were correctly calculated by the Secretary of State’s first notification slip of 24 May 2007