The Divisional Court hands down important sentence calculation decision

Mon, 27 Oct 2014

This week the Divisional Court handed down their decision in Galiazia v Governor of HMP Hewell and another [2014] EWHC 3427 (Admin); [2014] All ER (D) 264 (Oct).

Ian Brownhill of No5 Chambers was junior Counsel for Galiazia and had secured permission alone, without a leader, before Mr Justice Green in the High Court sitting in Birmingham. The case was then transferred to the Divisional Court in London, due to its importance, where Brownhill was led by Judith Farbey QC (of Doughty Street Chambers).

The case concerned the calculation of a prisoner's sentence when he had been on remand before starting the sentence.  The Claimant had been in custody on remand for a period exceeding the sentence imposed for handling stolen goods. He sought judicial review of his subsequent recall to prison for breach of his licence. The Divisional Court, in dismissing the application, held that, on the proper construction of the Criminal Justice Act 2003, it allowed time on remand to be counted only against time spent in custody, but it could not be credited to reduce time spent on licence. Further, the claimant's rights under art 5 of the European Convention on Human Rights had not been breached.

Brownhill is a member of the Prison and Police Law Team and Criminal Law Group in chambers and he often advises on sentence calculation cases. He was previously involved in Noone [2010] UKSC 30 and was junior Counsel alone in E [2013] EWHC 775 (Admin).

Please click here to view Ian Brownhill's profile.

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