Prison staffs’ administrative errors by failing to give credit for days spent on tagged curfew leads to man’s late release/unlawful detention

On the 18 July 2018, Craig Purcell appeared from Custody at his local Crown Court where he was convicted of handling stolen goods.

Upon conviction, the Court moved to immediate sentence and imposed a 16 month sentence of immediate imprisonment.

The Court directed that 244 days spent on a tagged curfew be credited towards the sentence pursuant to Section 240a of the Criminal Justice Act 2003.

Under the circumstances, Craig had in fact completed the full custodial period of the sentence imposed and was not liable for further detention.

Notwithstanding that, Craig was kept in custody and later transferred to prison.

Having processed relevant documentation on the 23 July, it was ascertained that the 244 days credited to Craig’s sentence meant that Craig had served the custodial element of his sentence on the 18 July. Accordingly, Craig was released later that day.

Following negotiation, the Prison Service agreed to pay Craig £2,500 in compensation together with his legal fees.

My client’s name has been changed.