Under the applicable legislation the trial judge fixed the tariff for discretionary life sentence prisoners, but there were transitional provisions which required the Secretary of State to fix the tariff for discretionary lifers who had been sentenced before the new judicialised regime came into force.
Held: The Home Secretary is not free to take his own view of length of sentence under s34, but certify his own view of the appropriate tariff in schedule 12 certificate for a lifer.
Judges:
Hoffmann LJ
Citations:
Times 25-May-1994, Independent 25-May-1994, Court of Appeal (Civil Division) Transcript No. 667 of 1994
Statutes:
Criminal Justice Act 1991 34 sch12 9(1)
Jurisdiction:
England and Wales
Citing:
Appeal from – Regina v Secretary of State for the Home Department, ex parte Mccartney Admn 28-Oct-1993
The Home Secretary need not seek judicial or advice before issuing a certificate for length of sentence. . .
Cited by:
Cited – Regina v Secretary of State for the Home Department, Ex Parte Hindley HL 30-Mar-2000
The prisoner, sentenced to life imprisonment with a whole life tariff for the murders of children, now appealed against the imposition of the whole life tarriff.
Held: The appeal failed. It was possible for a Home Secretary to set a whole life . .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing
Updated: 25 October 2022; Ref: scu.87988
