The Home Secretary has an extraordinarily wide discretion to refuse to release a mandatory lifer after the punitive part of sentence if there was a remaining risk to the public. Citations: Times 28-Nov-1997, [1997] EWCA Civ 2830 Statutes: Crime (Sentences) Act 1997 29 Jurisdiction: England and Wales Cited by: Appeal from – Regina v Secretary … Continue reading Regina v Secretary of State for Home Department ex parte Stafford: CA 26 Nov 1997
The Home Secretary has the power to fix the tariff sentence for a lifer at her whole life where that was needed in order to satisfy the requirements of retribution and of deterrence.Lord Bingham of Cornhill CJ said: ‘I can see no reason, in principle, why a crime or crimes, if sufficiently heinous, should not … Continue reading Regina v Secretary of State for Home Department ex parte Hindley: Admn 18 Dec 1997
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The prisoners appealed saying that the whole life terms set on the imposition of a life sentence for murder were a breach of their human rights. Held: The continued detention of three defendants who had been made subject to a whole life tariff did not violate Article 3 because the ‘requirements of punishment and deterrence … Continue reading Vinter, Bamber And Moore v The United Kingdom: ECHR 17 Jan 2012
(Statement of Facts) Prisoners appealed saying that the imposition of a whole life tariff on their life term by the judge, so that they could only be released at the discretion of the Home Secretary, and that this was inhuman treatment. Judges: Judges Garlicki, David Thorbe Jorgivsson and Nicolaou Citations: 66069/09, [2011] ECHR 324 Links: … Continue reading Vinter, Bamber And Moore v The United Kingdom: ECHR 9 Feb 2011
The Court considered whether a whole life sentence under section 269(4) of the 2003 Act was compatible with Article 3. The defendant had been convicted of murdering a policeman and of attempted murder of two others. Held: The whole life tarriff was quashed. The 2003 Act introduced the possibility of a whole life sentence with … Continue reading Bieber (Aka Coleman) v Regina: CACD 23 Jul 2008
The claimant was serving a prison sentence for serious sexual offences. He would not be released until he had completed a sex offenders programme, but one was not made available, delaying his release. Held: ‘The Secretary of State is not under an absolute duty to devise and provide courses for all who want them and, … Continue reading Regina (on the Application of Cawser) v Secretary of State for the Home Department: CA 5 Nov 2003
The prisoner had been released on licence but then recalled. He complained that the procedure infringed his human rights. He had been convicted of manslaughter, and was seen to be a long term danger. The court awarded him compensation saying that the parole board had unduly delayed in informing him of the reasons for his … Continue reading Hirst v Secretary of State for the Home Department: CA 6 Jul 2006
The appellant, a mentally disordered offender appealed the imposition of an automatic life sentence. He asserted that it was a breach of his human rights. Held: Although courts had repeatedly encouraged the use of orders under the Mental Health Act, parliament had made its wishes clear, and such an order would provide greater protection for … Continue reading Regina v Drew: CACD 19 Dec 2001
Balancing Rights of Prisoner and Society The appellant had been convicted of the murder of three police officers in 1966. His tariff of thirty years had now long expired. He complained that material put before the Parole Board reviewing has case had not been disclosed to him. Held: The appeal failed (by a majority). The … Continue reading Roberts v Parole Board: HL 7 Jul 2005
From 4 April 2005 until 3 December 2012, English law provided for the imposition of sentences of imprisonment for public protection (‘IPP’). The Court addressed the practical and legal issues resulting from the new system. Held: The decision as to whether to impose an IPP senence and whether a prisoner was ready for release on … Continue reading Sturnham, Regina (on The Application of) v The Parole Board of England and Wales and Another (No 2): SC 3 Jul 2013
The four claimants, each serving indeterminate prison sentences, said that as they approached the times when thy might apply for parol, they had been given insufficient support and training to meet the requirements for release. The courts below had been bound by decisions of the House of Lords despite those decisions being ruled incorrect by … Continue reading Haney and Others, Regina (on The Application of) v The Secretary of State for Justice: SC 10 Dec 2014
The applicants had each been given a life sentence, but having served the minimum term had been due to have the continued detention reviewed to establish whether or not continued detention was necessary for the protection of the pblic. It had not been, and each had claimed there was no basis for his continued detention, … Continue reading Faulkner, Regina (on The Application of) v Secretary of State for Justice and Another: SC 1 May 2013
The appellant had been convicted of double murder. The judge imposed a mandatory life sentence with a minimum recommended term. The Home Secretary had later increased the minimum term under the 1997 Act. The appellant challenged that increase. Held: The increase in the minimum term to be served was an increase in the sentence. A … Continue reading Regina v Secretary of State for the Home Department Ex parte Anderson: HL 25 Nov 2002
