Regina (Oakes) v Secretary of State for Justice and others – WLR Daily

Posted October 26th, 2010 in law reports, release on licence by sally

Regina (Oakes) v Secretary of State for Justice and others [2010] EWCA Civ 1169; [2010] WLR(D) 267

“The different wording of the tests to be applied when considering the suitability for automatic release of a prisoner who had been recalled to prison for breaching the terms of his licence, under ss 255A(5) and 255C(3) of the Criminal Justice Act 2003 (as inserted by section 29(2) of the Criminal Justice and Immigration Act 2008) was deliberate. The test under s 255C(3), that of  ‘the protection of the public’ was broader than, and included, the test under s 255A(5), that of ‘risk of serious harm to members of the public’, in that it included the risk of re-offending upon release.”

WLR Daily, 25th October 2010


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