An application for a writ of habeas corpus by a prisoner who had been sentenced to imprisonment for public protection when his offence pre-dated the coming into force of the Criminal Justice Act 2003 failed. The sentencing judge had had competent jurisdiction to direct both imprisonment and a minimum term. Her order could not, therefore, be ignored as a suspected nullity; it had to be obeyed unless and until it was set aside on appeal.
ABSENCE OF JURISDICTION CRIMINAL JUSTICE ACT 2003 Pt 12 s.225 CRIMINAL PROCEDURE HABEAS CORPUS IMPRISONMENT FOR PUBLIC PROTECTION POWERS OF CRIMINAL COURTS (SENTENCING) ACT 2000 s.80 PRISON GOVERNORS RAPE OF CHILD UNDER 13 RELEASE ON LICENCE s.225 s.85 SENTENCING UNLAWFUL SENTENCES
There was nothing in the applicants circumstances making it unfair or oppressive now to return him to New Zealand to stand trial for serious sexual offences involving abuse of his position of trust as a priest and a teacher.
20 YEARS ELAPSED SINCE ALLEGED OFFENCES ABUSE OF POSITION OF TRUST ADMINISTRATIVE LAW BUGGERY COMMITTAL CRIMINAL PROCEDURE DELAY EXTRADITION EXTRADITION ACT 1989 s.11 FAIR TRIALS HABEAS CORPUS INDECENT ASSAULTS MINORS OPPRESSIVE PASSAGE OF TIME POSSIBILITY OF FAIR TRIAL PRIESTS s.11(3)(b) S.11(3)(B) EXTRADITION ACT 1989 s.9(8) SERIOUSNESS OF OFFENCES SEXUAL OFFENCES TEACHERS UNFAIR YOUNG MEN
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