H J P J, R v

Under section 116(2)(a) of the Powers of Criminal Courts (Sentencing) Act 2000, a period ordered on revocation of a prisoner’s licence begins on the date of the court’s order. It cannot be made to begin retrospectively on the date when the licence was revoked. Where the sentencing judge intended the prisoner to serve only the balance produced by such retrospective calculation, the unlawful order should be corrected by substituting the period which gives effect to that intention.

The Criminal Cases Review Commission referred the appellant’s sentence to the Full Court. He had been released on licence after a sentence for theft and breach of licence. His licence was revoked after he committed an assault occasioning actual bodily harm.

On 21 January 2003, the Recorder of Cardiff ordered him to serve the 386 days remaining from the earlier sentence, treating that period as having begun on the date of licence revocation. The Recorder also imposed sentences for assault and escape. A previous appeal reduced the consecutive sentence for escape from two years to 15 months.

The prison authorities contended that the retrospective commencement of the 386-day period was unlawful. The issue was how the statutory rule as to the commencement of that period affected the Recorder’s intended sentence.

1. The appeal was allowed to the stated extent. The Recorder’s order that the 386 days remaining under the earlier sentence should begin on 8 August 2002, the date on which the appellant’s licence was revoked, was unlawful.

2. Section 116(2)(a) of the Powers of Criminal Courts (Sentencing) Act 2000 permitted the period to begin only on the date of the court’s order. It could not be backdated to the date of licence revocation.

3. The Recorder’s order and subsequent note made his intention clear. Taking account of the two days during which the appellant was unlawfully at large, the appropriate correction was to substitute 58 days for the 386 days. That reflected the sentence the Recorder had intended the appellant to serve.

• Court of Appeal (Criminal Division): On a reference by the Criminal Cases Review Commission, the court allowed the appeal to the stated extent and substituted 58 days for the 386-day period ordered on revocation of licence.

• Court of Appeal: On 13 June 2003, the court reduced the consecutive sentence for escape from two years to 15 months. No other change was made.

• Cardiff Crown Court: On 21 January 2003, the Recorder imposed sentences for assault occasioning actual bodily harm and escape, and ordered the appellant to serve the 386 days remaining from the earlier sentence following revocation of licence.