11/04/2011
The High Court today granted permission for a full Judicial Review hearingin a challenge to the SSJ's interpretation of sentence calculation (PSI 55/2010) following the judgment in Noone.
By paragraph 18.9.2 of PSI 55/2010 the SSJ interprets the judgment in that case as removing a prisoner's entitlement to a licence expiry date where he is serving consecutive mixed act sentences, even where the first offence was committed prior to the commencement of the Criminal Justice Act 2003. This has the effect that whilst he does not enjoy the preferential release provisions of the 2003 Act, he is nonetheless subject to the disadvantageous licence provisions of that Act.
The case will be heard at the Leeds Administrative Court on 12/5/11.
The Claimant is represented by Matthew Stanbury of GCN and Nicola Lines of Chivers Solicitors .
> 30/6/10 Supreme Court ruling on HDC for prisoners R (on the application of Rebecca Noone) v (1) the Governor of HMP Drake Hall, (2) Secretary of State for Justice [2010] UKSC 30; The Times Law Reports 2/7/10
> PSI 55/2010 “Sentence Calculation and HDC / ERS Eligibility Dates - Multiple Sentences Comprising Mixtures of 1991 Act and 2003 Act Release Provisions” is available to download here