‘Section 240ZA(3) of the Criminal Justice Act 2003, as inserted, allowed time on remand to be counted only against time spent in custody and it could not be credited to reduce time spent on licence.’
WLR Daily, 23rd November 2014
‘Up to £230m has been spent “needlessly” holding people on remand in custody who eventually avoided jail, a penal reform charity has said. More than 35,000 people kept on remand in 2013 went on to be either acquitted or be given non-custodial sentences, according to new figures obtained by the Howard League for Penal Reform from the Ministry of Justice through a Freedom of Information request.’
The Guardian, 18th August 2014
“When sentencing a defendant to a term of imprisonment, section 240(3) of the Criminal Justice Act 2003 provided that the court must direct that, subject to section 240(4), time served in custody on remand should count as time served by him as part of the sentence. Section 240(4)(a) provided that section 240(3) did not apply if while on remand the defendant was a serving prisoner, but there was no separate order under section 240(4). That subsection merely restricted the discretion of the court; the only order a court could make was one under section 240(3).”
WLR Daily, 12th November 2013
The High Court has dismissed an ‘absolutely meritless’ claim by a prisoner that, in serving the non-tariff part of his sentence, he should be afforded all the Convention rights enjoyed by prisoners on remand or those serving time for civil offences such as contempt of court. As he had been deprived of the full panoply of rights, he said, he was a victim of discrimination contrary to Article 14.
UK Human Rights Blog, 14th October 2013
“Greece, Bulgaria, Poland and Romania are the worst European Union countries at delivering justice through criminal trials, according to an independent survey of the union’s courts.”
The Guardian, 10th October 2012
“It was unjust or oppressive by reason of the passage of time, within the meaning of s 14 of the Extradition Act 2003, to order pursuant to a European arrest warrant the extradition of a person to serve the balance of a sentence of imprisonment after his sentence had twice been extended on appeal, rendering him unlawfully at large, where the requesting authority had without good reason delayed issuing the warrant for a significant period of time.”
WLR Daily, 21st October 2010
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.