On the 11 July 2018, Rajeed Patel appeared before his local Magistrates’ Court charged with an offence contrary to Section 4 of the Public Order Act. By way of sentence, the Court imposed an immediate sentence of 6 months imprisonment.
Rajeed subsequently submitted an appeal against the sentence which was heard at the Crown Court a month later.
The appeal against sentence was successful and resulted in the substitution of a sentence equalling 4 months imprisonment – comprising concurrent sentences of 4 months imprisonment.
By reason of the sentence imposed, Rajeed was eligible for release by no later than the 11 September 2018.
During the currency of his sentence, Rajeed was advised that his date of release was the 9 November 2018 on the basis that his sentence had been calculated as 8 months imprisonment – the prison wrongly believing that the Crown Court had ordered the sentences to run consecutively as opposed to concurrently.
Following written representations by Rajeed’s legal representatives, Rajeed was released on the 18 September, having spent 7 days unlawfully detained.
Following negotiation, the Prison Service agreed to pay Rajeed £2,500 in compensation together with his legal fees.
My client’s name has been changed.
