Metcalfe, R. v [2009] EWCA Crim 374 (18 February 2009)

Metcalfe, R. v [2009] EWCA Crim 374 (18 February 2009)

Where the Probation Service has decided not to recall a defendant to prison for breach of licence, it is not just in all the circumstances to refuse to credit time spent on remand towards sentence under section 240 of the Criminal Justice Act 2003. The sentencing judge should have made a direction that the 88 days on remand count towards the sentence.

Citation
[2009] EWCA Crim 374
Parties
Respondent: Regina; Applicant/appellant: Billy Metcalfe
Jurisdiction
England and Wales
Judgment Date
18 February 2009
Procedural Posture
Criminal Appeal / Appeal Against Sentence
Outcome
Appeal allowed
Legal Topics
Sentencing, Credit for Time Served, Remand Custody, Licence Recall
Criminal Law Sentencing Credit for Time Served Remand Custody Licence Recall

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Parties

Regina

Respondent

Billy Metcalfe

Applicant/appellant

Procedural Posture

Criminal Appeal / Appeal Against Sentence

Legal Issues

  1. 1 Whether the sentencing judge erred in refusing to direct that 88 days spent on remand should count towards sentence under section 240 of the Criminal Justice Act 2003
  2. 2 Whether the appellant was denied an opportunity to address the court on the issue of credit for remand time

Ratio Decidendi

Where the Probation Service has decided not to recall a defendant to prison for breach of licence, it is not just in all the circumstances to refuse to credit time spent on remand towards sentence under section 240 of the Criminal Justice Act 2003. The sentencing judge should have made a direction that the 88 days on remand count towards the sentence.

Court Disposition

Appeal allowed

Orders

  • The 88 days spent in custody on remand shall count towards the appellant's sentence pursuant to section 240 of the Criminal Justice Act 2003.