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| Version 2 | Version 3 |
|---|---|
| Prisoners released after ruling | Prisoners released after ruling |
| (about 2 hours later) | |
| Sixteen convicted prisoners wrongly returned to jail have been released after the House of Lords ruled the Home Office misinterpreted the law. | Sixteen convicted prisoners wrongly returned to jail have been released after the House of Lords ruled the Home Office 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. |
| The Home Office wanted the power to keep the small group of prisoners on licence for their whole sentence. | |
| But judges said the group should be unconditionally released after three-quarters of their sentence and could not then be recalled. | |
| Prisoners released on licence are subject to be returned to prison if they breach conditions. | |
| The decision to release the group follows a test case from December brought by a convicted arsonist, Paul Stellato. The Court of Appeal found in his favour. | |
| A very small number of cases are affected by the judgment, some of which present a potential risk to the public Home Office spokesman | A very small number of cases are affected by the judgment, some of which present a potential risk to the public Home Office spokesman |
| On Wednesday, the Law Lords refused the home secretary permission to appeal, and Stellato and 15 others were freed. | 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. |
| A spokesman for the department said it was disappointed by the ruling. | A spokesman for the department said it was disappointed by the ruling. |
| "A very small number of cases are affected by the judgement, some of which present a potential risk to the public," he said. | "A very small number of cases are affected by the judgement, 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. | "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." | "This decision prevents us from doing this." |
| Previous law | |
| Under the Criminal Justice Act 2003, most inmates are freed on licence after half their sentence, but can be recalled for breaches for the whole length of their term. | |
| The previous legislation, the Criminal Justice Act 1991, dictated that prisoners would typically be released after two-thirds of their sentence, but could be subject to recall to prison for breaches only up to the three-quarters point of their term. | |
| Those convicted before parts of the 2003 act, governing release on licence and possible recall, came into force in April 2005 would be dealt with under the old act. | |
| But the Home Office argued prisoners recalled after April 2005 would become subject to the provisions of the new legislation, governing their subsequent release and recall for breaches, even if they had been convicted before April 2005. | |
| BBC Home Affairs correspondent Andy Tighe said the ruling and releases were likely to cause some embarrassment for the Home Office. | BBC Home Affairs correspondent Andy Tighe said the ruling and releases were likely to cause some embarrassment for the Home Office. |