Murray, R v

When imposing a return-to-custody term under section 116 of the Powers of Criminal Courts (Sentencing) Act 2000, the court must credit custody already served after administrative recall under section 39 of the Criminal Justice Act 1991. Since recall custody does not count towards release-on-licence calculations, the maximum available section 116 term for a short-term prisoner must be reduced by twice the period served on recall.

The Criminal Cases Review Commission referred part of Vincent Murray’s sentence, imposed at Leeds Crown Court after he pleaded guilty to wounding with intent and admitted breach of an early-release licence.

He received seven years’ imprisonment for the wounding and a consecutive five months, or 153 days, under section 116 of the Powers of Criminal Courts (Sentencing) Act 2000. Neither the sentencing court nor the earlier appellate proceedings had been told that he had already served 60 days in custody after administrative recall under section 39 of the Criminal Justice Act 1991.

The issue was the effect of that prior recall custody on the section 116 term.

1. The appeal was allowed. The court quashed the 153-day return-to-custody term imposed under section 116 of the Powers of Criminal Courts (Sentencing) Act 2000 and substituted 33 days. The total sentence was reduced by 120 days.

2. When passing a sentence under section 116, a judge must take account of time spent in custody following administrative recall under section 39 of the Criminal Justice Act 1991. That rule was established by the authorities cited by the Criminal Cases Review Commission and applied to this sentence.

3. For a short-term prisoner, a day served after administrative recall is equivalent to two days’ return to custody under section 116. Custody on recall does not count when calculating the date of release on licence under sections 33 to 35 of the Criminal Justice Act 1991. The maximum section 116 term must therefore be reduced by twice the recall period.

4. Murray had served 60 days following recall. The available 153-day term was consequently reduced by 120 days, leaving 33 days.

• Court of Appeal (Criminal Division): on a reference by the Criminal Cases Review Commission, allowed the appeal and reduced the section 116 term by 120 days.

• Court of Appeal (Criminal Division): rejected an application for leave to appeal against sentence on 4 May 2004; the court had not been informed of the 60 days served following administrative recall.

• Leeds Crown Court: on 2 July 2003 imposed seven years’ imprisonment for wounding with intent and a further 153 days under section 116 of the Powers of Criminal Courts (Sentencing) Act 2000.