Duffy (AP) v Secretary Of State For Scotland [1999] ScotCS 40 (3 February 1999)

Duffy (AP) v Secretary Of State For Scotland [1999] ScotCS 40 (3 February 1999)

Once it is acknowledged that the pursuer was a long-term prisoner in respect of an aggregate term of four years and sixty days, he had no right to release under section 1(2) of the 1993 Act after the imposition of the sixty day sentence. There were no relevant averments of unlawful imprisonment.

Citation
[1999] ScotCS 40
Parties
Pursuer: Anthony Duffy; Defender: Secretary of State for Scotland
Jurisdiction
Scotland
Judgment Date
03 February 1999
Procedural Posture
Civil Action for Damages / Judgment at First Instance
Outcome
Action dismissed
Legal Topics
Sentencing Aggregation, Release on Licence, Recall From Licence, Unlawful Imprisonment, Interpretation of Prisoners and Criminal Proceedings (scotland) Act 1993
Criminal Law Prison Law Administrative Law Sentencing Aggregation Release on Licence Recall From Licence Unlawful Imprisonment Interpretation of Prisoners and Criminal Proceedings (scotland) Act 1993

Case Brief

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Parties

Anthony Duffy

Pursuer

Secretary of State for Scotland

Defender

Procedural Posture

Civil Action for Damages / Judgment at First Instance

Legal Issues

  1. 1 Whether the pursuer was unlawfully imprisoned beyond the date he ought to have been released under the Prisoners and Criminal Proceedings (Scotland) Act 1993, section 1(2)
  2. 2 Whether aggregation of sentences under section 27(5) precluded entitlement to release after two thirds of the aggregate term had expired

Ratio Decidendi

Once it is acknowledged that the pursuer was a long-term prisoner in respect of an aggregate term of four years and sixty days, he had no right to release under section 1(2) of the 1993 Act after the imposition of the sixty day sentence. There were no relevant averments of unlawful imprisonment.

Court Disposition

Action dismissed

Orders

  • Sustained the defender's first plea-in-law and dismissed the action
  • Recalled the order for interim liberation pronounced on 19 March 1998