The Law Reports (Queen's Bench Division)
[2009] QB 204
Court of Appeal
Regina (Kelly)
v
Secretary of State for Justice
Regina (Bailey)
v
Same
Regina (Gibson) v Governor of Wymott Prison and another
[2008] EWCA Civ 177
2008 Feb 13;
March 12
March 12
Sir Anthony Clarke MR, Laws, Wilson LJJ
Prisons— Prisoner’s rights— Release on licence— Long-term prisoners re-released following release on licence and recall— Whether re-release unconditional or on licence—
Criminal Justice Act 1991 (c 53), s 33(3) (as amended by Crime and Disorder Act 1998 (c 37), ss 104(1), 119, Sch 8, para 80(1)(a)(b))
—
Criminal Justice Act 2003 (Commencement No 8 and Transitional and Saving Provisions) Order 2005 (SI 2005/950), Sch 2, para 23(1)(b)
Statutory instrument— Construction— Obvious drafting error— Penal provision— Secretary of State making Order commencing statute and containing transitional provisions for early release of prisoners convicted of offences committed before statute coming into force— Provision apparently providing for unconditional early release of certain prisoners— Whether obvious drafting error— Whether permissible to construe Order purposively so as to correct error—
Criminal Justice Act 1991, s 33(3) (as amended by Crime and Disorder Act 1998, ss 104(1), 119, Sch 8, para 80(1)(a)(b))
—
Criminal Justice Act 2003 (Commencement No 8 and Transitional and Saving Provisions) Order 2005, Sch 2, para 23(1)(b)