The Weekly Law Reports
[2013] 1 WLR 801
Court of Appeal
*Regina (Modhej and another)
v
Secretary of State for Justice
[2012] EWCA Civ 957
2012 June 28;
July 17
Lord Judge CJ, Lord Neuberger of Abbotsbury MR, Moses LJ
Crime— Court of Appeal (Criminal Division)— Appeal— Court of Appeal allowing appeal against sentence and substituting different sentence— Whether substituted sentence to be treated as having been passed at time of appeal or of original sentence—
Criminal Appeal Act 1968 (c 19), s 11(3)(b)
Crime— Sentence— Extended sentences— Court of Appeal allowing offenders’ appeals against sentence and substituting extended sentences of detention— Whether offenders “sentenced” at date when original sentence passed or at date when substituted sentence imposed for purposes of release on licence provisions—
Criminal Justice Act 2003 (c 44), ss 227, 228, 247(2)
—
Criminal Justice and Immigration Act 2008 (c 4), s 25
—
Criminal Justice and Immigration Act 2008 (Commencement No 2 and Transitional and Saving Provisions) Order 2008 (SI 2008/1586), Sch 2, para 2
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