Monaghan & Ors, R v

Monaghan & Ors, R v

Credit for electronically monitored bail curfew is only allowed for periods on or after 3 November 2008, as per section 240A and relevant guidance; earlier periods do not count unless the order was varied or renewed after that date.

Parties
Applicant: Rudie Aaron Monaghan; Applicant: Robert Douglas Tyler; Applicant: Chay Gilbert; Applicant: Asim Naser; Applicant: Khan (K); Respondent: The Crown
Jurisdiction
England and Wales
Judgment Date
21 October 2009
Procedural Posture
Criminal Appeal / Interlocutory Ruling on Bail Credit and Leave to Appeal
Outcome
Partial allowance of appeals; leave to appeal refused for Monaghan and Naser; credit for 95 days allowed for Tyler and Gilbert, 67 days for Khan; further days reserved for later decision.
Legal Topics
Bail, Electronic Monitoring, Curfew Credit, Leave to Appeal, Sentencing
Criminal Law Procedure Bail Electronic Monitoring Curfew Credit Leave to Appeal Sentencing

Case Brief

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Parties

Rudie Aaron Monaghan

Applicant

Robert Douglas Tyler

Applicant

Chay Gilbert

Applicant

Asim Naser

Applicant

Khan (K)

Applicant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Interlocutory Ruling on Bail Credit and Leave to Appeal

Legal Issues

  1. 1 Whether days spent on electronically monitored bail curfew prior to 3 November 2008 should be credited against sentence under section 240A
  2. 2 Whether the Ministry of Justice circular and Court Service guidance correctly interpret the new legislation
  3. 3 Authority for courts to impose electronic curfew as bail condition

Ratio Decidendi

Credit for electronically monitored bail curfew is only allowed for periods on or after 3 November 2008, as per section 240A and relevant guidance; earlier periods do not count unless the order was varied or renewed after that date.

Court Disposition

Partial allowance of appeals; leave to appeal refused for Monaghan and Naser; credit for 95 days allowed for Tyler and Gilbert, 67 days for Khan; further days reserved for later decision.

Orders

  • 95 days credited for Tyler and Gilbert from 3 November 2008
  • 67 days credited for Khan