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Contempt of court

Committal order - Civil contempt - Breach of final gang injunction - Remand time not deducted from sentence - Whether judge obliged to deduct remand time from committal term - Contempt of Court Act 1981, s 14 - Policing and Crime Act 2009, s 43 R (James) v HM Prison Birmingham and others [2015] EWCA Civ 58; [2015] WLR (D) 59

17 February 2015

CA: Arden, Beatson, Gloster LJJ

• 9 February 2015

There was no obligation on a judge to deduct from a term of imprisonment the time spent on remand by a person arrested under section 43 of the Policing and Crime Act 2009 for breach of a final gang injunction order under sections 34 to 36 of the 2009 Act, and subsequently imprisoned for contempt of court pursuant to section 14 of the Contempt of Court Act 1981 and section 120 of the County Courts Act 1984.

The Court of Appeal so held when refusing an application for judicial review by the claimant, Gavin James, against the decisions of the first and second defendants, HM Prison Birmingham and the Governor of HM Prison Birmingham, and others, refusing to release the claimant early from prison on the basis that t...

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