No: 200306992/A5 
Neutral Citation Number: [2004] EWCA Crim 453
IN THE COURT OF APPEAL 
CRIMINAL DIVISION 
Royal Courts of Justice
Strand
London, WC2 

Tuesday, 24th February 2004
 
B E F O R E:

LORD JUSTICE LAWS 

MR JUSTICE GOLDRING 
 
MR JUSTICE KEITH 

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R E G I N A 

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PHILIP H J P J 
 
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MR D WILLIAMS appeared on behalf of the APPELLANT
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J U D G M E N T
1.	MR JUSTICE GOLDRING: This is a reference to the Full Court by the Criminal Cases Review Commission.  It raises a short point.
2.	On 12th April 2001 the appellant was sentenced to two and a half years' imprisonment for theft and breach of licence.  He was released on licence on 7th June 2002.  The sentence expiry date was 28th August 2003.  386 days remained to be served.
3.	On 7th August 2002 the appellant committed an offence of assault occasioning actual bodily harm.  On 8th August 2002 his licence was revoked under section 39 of the Criminal Justice Act 1991.
4.	On 10th November 2002 he escaped from prison and was at large for two days.  On 25th November 2002 he pleaded guilty at Cardiff Crown Court to an offence of assault occasioning actual bodily harm.  He was not sentenced in relation to that on that date.  
5.	On 21st January 2003 he pleaded guilty to an offence of escape.  The Recorder of Cardiff sentenced him as follows.  He revoked the licence.  He ordered that the 386 days be served.  He stated that that period was to begin on 8th August 2002 when the appellant's licence had been revoked.  For the assault occasioning actual bodily harm the sentence was one of three months' imprisonment.  For the escape the sentence was one of two years' imprisonment consecutive.  The total sentence was, including that for the breach of licence, three years, three months and 21 days.
6.	On 13th June 2003 the Court of Appeal reduced the sentence in respect of the offence of escape to 15 months' consecutive.  No other change was made.
7.	For reasons which will become plain it is not necessary to set out the facts of any of these offences.  The prison authorities have now indicated that, pursuant to section 116(2)(a) of the Powers of Criminal Courts (Sentencing) Act 2000, the period served on 8th August cannot be set off as the learned Recorder intended.  The period can only begin on the date of the court's order.  The order made to that effect by the learned Recorder, it is said, was not, therefore, lawful.  Taking into account the two days when unlawfully at large, that period is 164 days.  It is quite clear, as we have indicated, from the order made by the Recorder what he intended should happen.  That has been confirmed by a note from him.
8.	The appellant is a short term prisoner.  To reflect that the Court should substitute for the 386 days 58 days.    
9.	To the extent we have indicated therefore this appeal is allowed.