Andrew Costello makes another successful trip to the Court of Appeal - Article By Andrew Costello Russell & Russell
27th February 2009
Crown Court Advocate Andrew Costello made another successful trip to the Court Of Appeal on 6th February 2009.
Leave to Appeal had been granted to challenge a sentence of Imprisonment for Public Protection (IPP) passed in relation to an offence of Armed Robbery.
Imprisonment for Public Protection is a hot topic at present particularly amongst those made subject to it. In simple terms, this is a life sentence and even if someone satisfies the court that they are eligible for release they will then be subject to stringent licence conditions for life. Rachael Walsh currently has a case before the House of Lords in which there is legal challenge to these sentences given the inability of the Secretary of State to provide the necessary rehabilitation required for release.
The points made in the current matter were as follows:
The appellant was wrongly found to be a dangerous offender and subjected to Imprisonment for Public Protection
The original judge wrongly applied the Sentencing Guidelines placing the offence/sentence too high.
The Court of Appeal, Lord Justice Rix giving judgment agreed with the submissions made by Mr Costello and quashed the IPP sentence and reduced the sentence to 5 years rather than a notional 6 years.
This means that the client now knows he will have a set date for release as opposed to the possibility of a life behind bars or heavily restricted by licence conditions.