Williams (AP) v Scottish Ministers [2000] ScotCS 224 (10 August 2000)

Williams (AP) v Scottish Ministers [2000] ScotCS 224 (10 August 2000)

Section 27(5) of the 1993 Act requires all consecutive sentences, whenever imposed, to be aggregated and treated as a single term for the purposes of early release. The pursuer was serving a single aggregated term, and was not entitled to unconditional or licensed release at the dates claimed. The right to release on licence under section 1(2) only arises if the prisoner is in custody at the two-thirds point of the aggregated sentence.

Citation
[2000] ScotCS 224
Parties
Pursuer: Marc Williams; Defenders: The Scottish Ministers
Jurisdiction
Scotland
Judgment Date
10 August 2000
Procedural Posture
Civil Judicial Review / Declarator / Procedure Roll (preliminary Legal Issues, No Factual Proof Required)
Outcome
Action dismissed. Order for interim liberation recalled. All questions of expenses reserved.
Legal Topics
Sentence Aggregation, Early Release of Prisoners, Interpretation of Statutes, Revocation of Licence, Prisoners and Criminal Proceedings (scotland) Act 1993
Criminal Law Prison Law Administrative Law Sentence Aggregation Early Release of Prisoners Interpretation of Statutes Revocation of Licence Prisoners and Criminal Proceedings (scotland) Act 1993

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Parties

Marc Williams

Pursuer

The Scottish Ministers

Defenders

Procedural Posture

Civil Judicial Review / Declarator / Procedure Roll (preliminary Legal Issues, No Factual Proof Required)

Legal Issues

  1. 1 Whether consecutive sentences imposed at different times must be aggregated for early release calculations under the Prisoners and Criminal Proceedings (Scotland) Act 1993, section 27(5)
  2. 2 Whether a prisoner whose licence has been revoked and who is returned to prison is entitled to unconditional or licensed release under section 1(2) of the 1993 Act after serving two-thirds of the aggregated sentence

Ratio Decidendi

Section 27(5) of the 1993 Act requires all consecutive sentences, whenever imposed, to be aggregated and treated as a single term for the purposes of early release. The pursuer was serving a single aggregated term, and was not entitled to unconditional or licensed release at the dates claimed. The right to release on licence under section 1(2) only arises if the prisoner is in custody at the two-thirds point of the aggregated sentence.

Court Disposition

Action dismissed. Order for interim liberation recalled. All questions of expenses reserved.

Orders

  • First plea-in-law for defenders sustained.
  • Order for interim liberation (9 June 1998) recalled.