Regina (Webb) v Secretary of State for Justice – WLR Daily

Posted September 13th, 2010 in appeals, law reports, release on licence, sentencing by sally

Regina (Webb) v Secretary of State for Justice [2010] WLR (D) 241

“S 116 of the Powers of Criminal Courts (Sentencing) Act 2000 conferred a unique statutory power to sentence a defendant for a new offence committed while on release on licence for an earlier offence. It was a fresh sentence not served in respect of the original offence so that even if that initial offence was a violent or sexual offence specified in Sch 15 to the Criminal Justice Act 2003 but the new offence was not, the s 116 sentence for a long-term prisoner came within s 33(1A) rather than s 33(1B) of the Criminal Justice Act 1991. The defendant was therefore entitled to be released on licence after serving half of his sentence rather than two-thirds, the applicable period under s 33(1B).”

WLR Daily, 9th September 2010


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