Ramsden & Anor, R (on the application of) v Secretary of State for the Home Department

Facts

The two claimants, Samantha Ramsden and Paul Naylor, were determinate-sentence prisoners released early on licence under the home detention curfew scheme in section 246 of the Criminal Justice Act 2003, and each was then recalled to prison by the Home Secretary under the general recall power in section 254 of the Criminal Justice Act 2003 rather than the specific curfew-period power in section 255 of the Criminal Justice Act 2003. Miss Ramsden, aged 19, was sentenced on 6th February 2006 to 21 months' detention in a young offender institution for arson with intent to endanger life and assault, released on licence on 29th March 2006 and recalled for breaches of the conditions requiring her to live at a bail hostel and relating to her employment; the Parole Board later confirmed her recall, citing concerns about her risk of reoffending and serious harm. Mr Naylor, aged 33, was sentenced on 22nd August 2005 to two years' imprisonment, released under section 246 of the Criminal Justice Act 2003 on 10th April 2006, and recalled on 7th August 2006 after damaging a door at his bail hostel, for which he was later sentenced to 14 days' imprisonment under the Criminal Damage Act. The National Offender Management Service told both sets of solicitors that breaches of general licence conditions, as opposed to the curfew, were dealt with under section 254 of the Criminal Justice Act 2003. Both claimants were given leave to apply for judicial review to argue that their recall under that section was unlawful because they could have been recalled under section 255 of the Criminal Justice Act 2003.