R (on the application of Shields-McKinley) v Secretary of State for Justice and Lord Chancellor

Prison – Prisoner. On ordinary principles of interpretation, section 243(2) of the Criminal Justice Act 2003, as amended, meant that only days which had been specified in open court could count towards an offender's sentence for the purposes of section 240ZA of that Act. The Queen's Bench Division dismissed the claimant offender's claim for judicial review of decisions taken by the Secretary of State for Justice concerning the calculation of his release date from prison. It was held that the omission by the Crown Court to specify in open court the number of days spent in detention awaiting extradition had the consequence that the claimant was not entitled to credit for that period. The claimant's remedy in such cases was by way of the slip rule or by way of an application to the Court of Appeal, Criminal Division, for an extension of time to apply for leave to appeal against sentence.

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