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About: R v Governor of Brockhill Prison, ex p Evans     Goto   Sponge   NotDistinct   Permalink

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R v Governor of Brockhill Prison, ex parte Evans (No 2) is an English case decided by the House of Lords on appeal from the Court of Appeal. It has been called "important". It involved the unlawful detention of a prisoner. The governor had sentenced the prisoner on the basis of an interpretation of a statute which had originally been supported by the courts, but which had subsequently been held to be wrong. It was clear that the governor was blameless, but the sentence raised questions as to whether the new interpretation of the statute should apply prospectively only. The majority of the Law Lords held that, on the facts of this case, it was not appropriate for the interpretation to apply prospectively only, but all of them also accepted that the development of a rule might, in appropriat