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

For prisoners whose offences were committed before 30 September 1998 and who were recalled after 4 April 2005, section 37(1) of the Criminal Justice Act 1991 continued to govern the duration of the licence following re-release. The appellant’s licence had expired, making his subsequent recall and detention unlawful. Immediate release was ordered.

The appellant appealed from the Divisional Court concerning his recall to prison and continued detention after release on licence. He had been released on 23 December 2005, his licence expired on 27 December 2005, and he was recalled on 6 January 2006. The central issue was which statutory regime governed the duration of his licence following re-release.

1. Appeal allowed. For prisoners whose offences were committed before 30 September 1998 and who were recalled after 4 April 2005, section 37(1) of the Criminal Justice Act 1991 continued to govern the duration of the licence following re-release.
2. The appellant’s licence expired on 27 December 2005. His recall on 6 January 2006 and detention thereafter were unlawful. Immediate release was ordered.
3. The respondent was ordered to pay the appellant’s costs of the appeal and Administrative Court proceedings. Publicly funded costs were to be assessed under regulation 107 of the Civil Legal Aid (General) Regulations 1989, pursuant to the Community Legal Service (Funding) Order 2000.
4. Permission to appeal to the House of Lords was refused. Implementation of the order was stayed until midday on 21 December 2006, subject to a possible petition of appeal and conditional bail.

• Court of Appeal (Civil Division): Appeal allowed. Declarations were made that the licence had expired and that the subsequent recall and detention were unlawful.
• Divisional Court, Queen’s Bench Division: Judgment appealed from; citation not stated in the judgment.