CONTEMPT OF COURT — Sentence — Civil contempt — Application for temporary release on licence — Whether permission of sentencing judge required

Lexi Holdings plc (in administration) v Luqman [2008] WLR (D) 1

Ch D: Henderson J: 15 January 2008

Para 5.2 of Prison Service Order 6300 was unlawful in so far as it purported to require the permission of the sentencing judge before granting the temporary release of a prisoner serving a term of imprisonment for civil contempt.

Henderson J so held when making no order on the application of the defendant, Shaid Luqman, for permission for the grant of temporary release on licence on compassionate grounds.

HENDERSON J said that the defendant had been sentenced to two years’ imprisonment for contempt of court in proceedings brought against him by the administrator of the claimant company. Prison Service Order 6300 was a policy and guidance document, which provided by para 5.2 that “prisoners who are serving a term for contempt of court may not be granted temporary release except with the permission of the clerk of the court concerned”. It had been interpreted as requiring the consent of the sentencing judge himself. The provisions of r 9 of the Prison Rules 1999 (SI 1999/728) made it clear that the temporary release of a prisoner was a matter for the Secretary of State acting though the prison governor. There should be no delegation of the governor’s discretion and no interference by the sentencing judge with that discretion. The interpretation of para 5.2 that permission of the sentencing judge was required was wrong.

Appearances: Ian MacDonald QC (Birchall Blackburn, Manchester) for the defendant; Philip Marshall QC (DLA Piper UK LLP) for the claimant.

Reported by: Celia Fox, barrister