The court, not the Home Secretary should set the tariff for the detention of a young offender sentenced to life- half determinate sentence. The role of the Lord Chief Justice in relation to tariffs is that ‘The Lord Chief Justice in this context is acting not as an unreviewable judge of the High Court but rather as an adviser in an administrative process crystallizing in a reviewable ministerial decision.’
Judges:
Simon Brown LJ
Citations:
Times 11-Jul-1997, [1997] EWHC Admin 607, [1998] 1 All E R 23
Links:
Statutes:
Children and Young Persons Act 1933 53(2)
Cited by:
Not followed – Regina (on the Application of Dudson) v Secretary of State for the Home Department and the Lord Chief Justice Admn 21-Nov-2003
The applicant had been sentenced to detention during Her Majesty’s Pleasure. He sought a judicial review of the Lord Chief Justice’s recommendation to the Home Secretary for the minimum term he was to serve.
Held: In exercising this function, . .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing
Updated: 26 May 2022; Ref: scu.137552