Regina v. Secretary of State for the Home Department Ex Parte A, (2000)
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Regina v. Secretary of State for the Home Department Ex Parte A, (2000)
HOUSE OF LORDS
Lord Nicholls of Birkenhead Lord Nolan Lord Steyn Lord Hope of Craighead Lord Clyde OPINIONS OF THE LORDS OF APPEAL FOR JUDGMENTIN THE CAUSEREGINAv.SECRETARY OF STATE FOR THE HOME DEPARTMENT (APPELLANT)EX PARTE A (RESPONDENT)ON 27 JANUARY 2000LORD NICHOLLS OF BIRKENHEADMy Lords,I have had the advantage of reading in draft the speeches of my noble and learned friends Lord Hope of Craighead and Lord Clyde. I agree that, for the reasons they give, this appeal should be allowed.LORD NOLANMy Lords,I have had the advantage of reading in draft the speeches prepared by my noble and learned friends Lord Hope of Craighead and Lord Clyde. I agree that, for the reasons they give, this appeal should be allowed.LORD STEYNMy Lords,I have had the advantage of reading in draft the speeches of my noble and learned friends Lord Hope of Craighead and Lord Clyde. For the reasons they have given I would also allow the appeal.LORD HOPE OF CRAIGHEADMy Lords,Part III of the Criminal Justice Act 1967 introduced a number of important reforms of the law relating to the treatment of offenders. We are concerned in this case with the rules which section 67 of that Act, as amended by section 49(2) of the Police and Criminal Evidence Act 1984 and section 130 of the Criminal Justice Act 1988, has laid down to enable account to be taken of periods spent by the offender in custody while awaiting trial or sentence for the offence. The broad principle to which it seeks to give effect is that periods spent in custody before trial or sentence which are attributable only to the offence for which the offender is being sentenced are to be taken into account in calculating the length of the period which the offender must spend in custody after he has been sentenced.The application of rules for this purpose to children and young persons is complicated by the nature and the variety of the measures which are available to the court for their remand or committal on their being brought before the court charged with an offence. The point of principle around which these rules have been structu...See the full content of this document
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