Even where a sentencing judge arguably errs in backdating a sentence to the date of arrest for offences committed while on parole, the Court of Criminal Appeal may exercise its residual discretion not to intervene where the offender has made significant progress towards rehabilitation, is close to release on parole, and has been accepted into a residential drug rehabilitation programme. Double jeopardy and the potential to set at nought rehabilitative progress are significant factors in the exercise of that discretion.
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