“…R v. Governor of Her Majesty's Prison Brockhill Ex parte Evans (No 2) [2001] 2 AC 19was cited to us as it was to the judge but does not support any aspect of the appellant’s case. The applicant in ex parte Evans was sentenced inter alia to two …”
“…ad been specified under s.243(2), there was in my judgement no error of law on the part of the prison governor, such as there had been in Ex Parte Evans (No.2) [2001] 2 AC 19,[[2000] 3 WLR 843]. On the contrary, there was no lawful basis on which the prison governor could have gone behind the order of the Crown Court and acted as if…”
“…ill LJ agreed with Sullivan LJ’s conclusions and added a further point about the decision of the House of Lords in R (Evans) v Governor of HMP Brockhill (No 2) [2001] 2 AC 19. In that case, the governor of a prison was liable for false imprisonment as a result of detaining a prisoner in error for a longer period than she was bound t…”
“…In my judgment, the case is distinguishable from R v Governor of HMP Brockhill ex parte Evans (No.2) [2001] 2 AC 19. In seeking unsuccessfully to justify detention in that case, reliance was placed by the prison governor on Home Office guidance based on views expressed by th…”
“…The prison governor in R v Governor of Brockhill Prison, Ex p Evans (No 2) [2001] 2 AC 19 had no power to detain the prisoner beyond the properly calculated term of her imprisonment: the fact that he was acting in compliance with the law as it had p…”