Source: All England Reporter
Publisher Citation: [2006] All ER (D) 60 (Apr)
Neutral Citation: [2006] EWHC 702 (QB)
Court: Queen's Bench Division
Judge:

Gross J

Judgment Dates: 5 April 2006

Catchwords

Sentence - Mandatory life sentence - Murder - Minimum term - Setting - Appropriate minimum term - Criminal Justice Act 2003, Sch 22, para 6.

The Case

Although the offender's minimum term under the would have been 30 years' imprisonment for murder, there was no reason to suppose that the Secretary of State, under his former practice, would have set the minimum term in excess of 16 years, which was the tariff recommended by the trial judge. Accordingly, in order to comply with the principle of non-retroactivity, the offender's minimum term would be set at 16 years, less time spent in custody on remand.

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