Licence Recall

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  • #39615

    Hi – I would appreciate some help with a case regarding a prisoner whose licence was revoked
    a) Originally sentenced on 7.9.10 (to 1 year) and released on licence on 23.12.10
    b) Re-arrested on 10.3.11 for a different offence – these charges were dropped on 6.5.11
    c) Remained in prison until 19.8.11 i.e. while awaiting the outcome of his request that the licence revocation be cancelled.

    The Criminal Justice Act states that if a revocation of a licence is cancelled, the prisoner shall be treated as if he was never recalled to prison for the purposes of his licence agreement. In view of this I have been asked to treat him as being on “technical remand”. However, I do not see where HB regulations provide for technical remand and certainly after 6.5.11; is he absent as anything but a sentenced prisoner?

    Does anyone have suggestions/caselaw that supports:

    a) Whether we can treat claimant as a remand prisoner between when he was re-arrested on 10.3.11 & when the new charges were dropped on 6.5.11

    b) Whether we can treat claimant as a remand prisoner up to when he was finally released on 19.8.11?


    Kevin D

    The question of “remand” is one of fact. Either the person was on remand or not. Remand has a legal meaning; I’d keep it simple and ask whether or not the detention was due to a recall or, if it is argued it was remand, for evidence.


    Thanks for that Kevin – the only evidence I have of “remand” is a solicitor’s letter that advises that from 6.5.11; he will no longer be on remand for the 2nd offence i.e. and from that date, he is on licence recall: I think from that point, I do not have sufficient evidence he is still a remand prisoner

    Thanks for your help

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