Smith, R. v

A Court of Appeal certificate that a point is of general public importance may be granted while leave to appeal is refused. The question whether a recalled life-sentence prisoner may also receive imprisonment for public protection was certified for consideration by the Supreme Court. This judgment did not resolve that substantive sentencing question.

The appellant’s appeal against sentence had been dismissed by the Court of Appeal on 27 January 2010. He then applied for certification of a point of general public importance for an appeal to the Supreme Court.

The proposed question was whether imprisonment for public protection could appropriately be imposed on a defendant recalled on a life sentence. The court considered the application on the question as drafted by counsel.

1. Certificate granted. The court certified the proposed question of general public importance in the terms drafted by counsel.
2. Leave refused. The court refused leave to appeal. It stated that any further appeal would be a matter for the Supreme Court.
3. The judgment gave no reasons resolving the substantive issue concerning the compatibility of imprisonment for public protection with recall on a life sentence.

• Court of Appeal (Criminal Division): the appellant’s appeal against sentence was dismissed on 27 January 2010.
• Court of Appeal (Criminal Division): on the present application, the court certified a point of general public importance but refused leave to appeal to the Supreme Court.