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(Transcript of the Handed Down Judgment of WordWave International Limited A Merrill Communications Company 190 Fleet Street, London EC4A 2AG Tel No: 020 7404 1400, Fax No: 020 7831 8838 Official Shorthand Writers to the Court)
Paul Bowen (instructed by Bindmans LLP) for the Claimants Martin Chamberlain (instructed by the Office of the Solicitor) for the Defendant Hearing date: 17 September 2008 ____________________
The answer to that, submit the Claimants, must be the expiry of the tariff because on that day each could have been released if the Parole Board had so resolved. The fact that the Parole Board did not make that decision or that it decided that is was unsafe to release a prisoner is, submit the Claimants, irrelevant in the face of clear statutory language.
(i) The language of Paragraph 2A is not as clear as the Claimants suggest it is. It admits of a number of interpretations even at first blush. It is only if one assumes all points in favour of delivering the result the Claimants wish to achieve that their interpretation prevails.
(ii) The purpose of Paragraph 2A of Schedule 7 to the 1987 General Regulations is to identify the point at which an individual switches for benefit purposes from being a prisoner to a patient. That is the same purpose as found in Regulation 2(4) of the 1982 General Benefit Regulations and section 50 of the 1983 Act.
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Common Room
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