You are here

Prisons

Prisoners' rights- Release on licence - Prisoner's challenge to recall following breach of licence conditions - Guidance as to inter-relationship between review by Parole Board and judicial review - Criminal Justice Act 2003, s 254 (as amended by Legal Aid, Sentencing and Punishment of Offenders Act 2012, s 113(1)) Regina (Calder) v Secretary of State for Justice [2015] EWCA Civ 1050; [2015] WLR (D) 418 

3 November 2015

CA: Lord Thomas of Cymgiedd CJ, Hallett, Davis LJJ

15 October 2015

Guidance, in cases of recall to prison from a release on licence, as to the inter-relationship between available challenges by way of judicial review and review by the Parole Board
The Court of Appeal gave guidance, inter alia, when in a reserved judgment dismissing the appeal of the claimant, Terence Calder, from a decision of Judge
Gore QC, sitting as a deputy judge
of the Queen's Bench Division in the Administrative Court on 31 October 2014 [2014] EWHC 4138 (Admin), dismissing his challenge by way of judicial review of the lawfulness of his recall to prison under section 254 of the Criminal Justice Act 2003.
The claimant was released on licence after serving one half of
the custodial term of an extended sentence for public protection passed on him on 12 February 2009. He was recalled following a finding that he had ...

Want to read on?

This article is part of our subscription-based access. Please pick one of the options below to continue.

Already registered? Login to access premium content

SUBSCRIBE for one User

Unlimited access to the entire SJ website for a full year for one user.

  • 10 issues a year delivered to you
  • Digital edition of the magazine for one user – sent to your inbox or accessible through the website
  • Access to premium content on the website
  • Access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online
  • Advanced search feature
  • Online support
  • Access to SJ app compatible with Android and Apple devices – coming soon!
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

Subscribe

CORPORATE SUBSCRIPTION

Your department or entire firm can subscribe to Solicitors Journal online, providing easy access for all who require it. Discount corporate subscription rates apply, based on number of users.

The Corporate IP Licence includes:

  • Digital copy of the magazine sent to individuals’ inboxes and accessible through the website. Solicitors Journal publishes 10 issues per year
  • Unlimited access to premium content on the website based on IP addresses
  • Unlimited access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online (username required)
  • Unlimited access to SJ app compatible with Android and Apple devices
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

The Corporate IP Licence is tailored to your firm, making it the most cost effective way for the firm to access Solicitors Journal, and enables the firm to remain compliant with copyright and our Terms and Conditions. This gives you the ability to print and circulate articles within the firm.

To enquire about a Corporate IP Licence for your firm, please contact our Subscriptions Manager on emily.beechey@solicitorsjournal.com.