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Prisoners released after ruling Prisoners released after ruling
(20 minutes later)
Sixteen convicted prisoners wrongly returned to jail have had to be released after judges ruled Home Office officials had misinterpreted the law.Sixteen convicted prisoners wrongly returned to jail have had to be released after judges ruled Home Office officials had misinterpreted the law.
A number of violent and sex offenders are thought to be among them.A number of violent and sex offenders are thought to be among them.
BBC Home Affairs correspondent Andy Tighe said the Home Office wanted prisoners who breached licences back in jail to serve their full sentences. The Home Office wanted prisoners who breached licences back in jail to serve their full sentences.
But the House of Lords ruled those convicted before a law change only had to serve three-quarters of their term. But the House of Lords ruled those convicted before a law change in 2005 only had to serve three-quarters of their term.
This decision follows a test case from December brought be a convicted arsonist, Paul Stellato.
A very small number of cases are affected by the judgment, some of which present a potential risk to the public Home Office spokesman
The Court of Appeal concluded that rules did not apply to those convicted of offences committed before 2005.
On Wednesday, the Law Lords refused the home secretary permission to appeal, and Stellato and 15 others were freed.
The Home Office said some of them posed a "potential risk" to the public, but would be monitored in the community.The Home Office said some of them posed a "potential risk" to the public, but would be monitored in the community.
The Law Lords have refused the home secretary permission to appeal. A spokesman for the department said it was disappointed by the ruling.
"A very small number of cases are affected by the judgment, some of which present a potential risk to the public," he said.
"We sought to extend their licence - and liability to recall - to the end of their sentence in order to enhance public protection which is of the utmost importance.
"This decision prevents us from doing this."
BBC Home Affairs correspondent Andy Tighe said the ruling and releases were likely to cause some embarrassment for the Home Office.