Source: All England Reporter
Publisher Citation: [2002] All ER (D) 364 (Mar)
Court: Court of Appeal, Criminal Division

Clarke LJ, Leveson and Cooke JJ

Representation Richard Potts (assigned by the Registrar of Criminal Appeals) for M.
  Katharine Moore (assigned by the Registrar of Criminal Appeals) for S.
Judgment Dates: 22 March 2002


Sentencing - Life imprisonment for second serious offence - Defendant liable to automatic life sentence for second serious offence - Judge sentencing defendant to life imprisonment and stating that he would write to Lord Chief Justice with recommendation as to 'tariff' - Whether judge in error - s 109.

The Case

In cases of both automatic and discretionary life sentences, the correct approach was to identify a period to reflect the seriousness of the offence, which was the period of detention imposed for punishment and deterrence. It was usually appropriate to take half of that figure and then deduct the period on remand in order to arrive at the relevant part of the sentence, which was the further period which should be served before a prisoner could require the Secretary of State to refer his case to the Parole Board.

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