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False Imprisonment - Prison Service

The department represented a client in a claim for unlawful detention in prison as he was detained for an additional period of 22 days following his sentence. The Government Legal Department on behalf of the Ministry of Justice initially denied liability on the basis that they calculated the correct release date using information supplied to them by the sentencing Court, namely York Magistrates which unfortunately had failed to take into account remand days.

Following further investigation the Government Legal Department were requested to reconsider their position on the basis that S.240 ZA of the Criminal Justice Act 2003 and the Prison Service Directive dated the 23 November 2012,  Ref: P50130/2012 stated that the Prison Service were responsible for the calculation of remand time and not the Court and therefore any miscalculation feel on them. Eventually liability was conceded and the claim was settled.