R (Stellato) v Secretary of State for the Home Department

Subject Matter

PRISONS — Prisoners’ rights — Release on licence — Legislation at time of sentence entitling long-term prisoner to unconditional release after three quarters of fixed term — Prisoner released on licence recalled after new legislation in force — Whether re-released prisoner subject to licence until expiry of term under new sentencing regime — Whether entitled to unconditional release — Criminal Justice Act 2003 (Commencement No 8 and Transitional and Saving Provisions) Order 2005, Sch 2, paras 19, 23

[2006] EWCA Civ 1639; [2007] 1 WLR 608; [2007] 2 Cr App R (S) 21, CA

[2007] UKHL 5; [2007] 2 AC 70; [2007] 2 WLR 531; [2007] 2 All ER 737, HL(E)

Appellate History

R (Stellato) v Secretary of State for the Home Department [2006] EWCA Civ 1639; [2007] 1 WLR 608; [2007] 2 Cr App R (S) 21, CA

Decision of the Divisional Court of the Queen's Bench Division reversed

R (Stellato) v Secretary of State for the Home Department [2006] EWCA Civ 1639; [2007] 1 WLR 608; [2007] 2 Cr App R (S) 21, CA

R (Stellato) v Secretary of State for the Home Department [2006] EWCA Civ 1639; [2007] 1 WLR 608; [2007] 2 Cr App R (S) 21, CA

Decision of the Court of Appeal affirmed

R (Stellato) v Secretary of State for the Home Department [2007] UKHL 5; [2007] 2 AC 70; [2007] 2 WLR 531; [2007] 2 All ER 737, HL(E)

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