13 November 2014
Galiazia v Governor of HMP Hewell and another [2014] EWHC 3427 (Admin), [2014] All ER (D) 264 (Oct)
The claimant had been in custody on remand for a period exceeding the sentence imposed for handling stolen goods. He sought judicial review of his subsequent recall to prison for breach of his licence. The Divisional Court, in dismissing the application, held that, on the proper construction of s 240ZA(3) of the Criminal Justice Act 2003, it allowed time on remand to be counted only against time spent in custody, but it could not be credited to reduce time spent on licence. Further, the claimant’s rights under Art 5 of the European Convention on Human Rights had not been breached.
