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K — Category error and unused time on remand

The wrong Sentencing Council category had been applied and qualifying remand had not been fully credited. A line-by-line check corrected both.

Before

3 years 6 months

After our review

2 years 9 months

Case summary

K had been sentenced for a drugs offence and was told the category had been set correctly. His family asked us to check the guidelines and the arithmetic on time already served on remand.

We found that the wrong Sentencing Council category had been applied, inflating the starting point, and that not all the time spent on qualifying remand had been credited.

We set out the calculation line by line so the instructed solicitor could raise it immediately with the prison and, if necessary, the Court of Appeal.

Outcome — The sentence was corrected and the release date brought forward. The family had the answer in writing within days, not months.

How the review unfolded

  1. 1

    Day 1 — Instruction

    Sentencing remarks and prison sentence calculation supplied.

  2. 2

    Day 2 — Category check

    Drug quantities and role assessed against the guideline categories.

  3. 3

    Day 3 — Remand audit

    Qualifying remand recalculated day by day.

  4. 4

    Day 4 — Written calculation

    Line-by-line correction issued for the prison and the instructed solicitor.

Options we identified

Every case is different. These are the realistic options the review surfaced for this matter — not a guarantee of the same outcome in another case.

Guideline category correction

Push back on the harm/role category that drove the starting point.

Remand time recalculation

Recover days of qualifying remand not credited by the prison.

Administrative correction

Where the error is arithmetic, raise it directly with the prison before any appeal.

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