REDUCTION OF SENTENCE TO TAKE ACCOUNT OF TIME SERVED ON REMAND UNDER QUALIFIED CURFEW

Following directions from the Lord Chief Justice on the disproportionate use of the judiciary’s scarce resources on hearing sentencing appeals based on a failure to take into account time served on remand, it was clear that that issue should be raised at the sentencing hearing and time limits for such appeals would be applied strictly in future. In an exceptional case, an offender’s sentence for rape was reduced to take account of time when he was subject to a qualified curfew, in fairness to him and where the error had arisen before the guidance, but the guidance would not be departed from in future.