Barker, Regina v: CACD 24 Oct 2008

The defendant appealed against the minimum term imposed on her under the 2003 Act. She argued that the court should have made allowance for the fact that she had made exceptional progress since arriving in prison.
Held: Caines established that the judge could take exceptional progress into account ‘and that one of the central reasons for so doing was the legitimate expectation of those serving life sentences that good behaviour would have that consequence. ‘ In this case however the appeal was dismissed.


Latham LJ, Grigson J, Macduff J


[2008] EWCA Crim 2395




Criminal Justice Act 2003


England and Wales


CitedCole and Another v Secretary of State for the Home Department Admn 10-Jul-2003
. .
CitedP, Regina v; Regina v Blackburn CACD 22-Oct-2007
Whilst awaiting trial, P had offered evidence against others on other serious crimes. On conviction, the judge was supplied with a statement explaining his assistance. He now appealed sentence of 17 years imprisonment for assorted serious drugs . .
CitedRegina v Secretary of State for the Home Department Ex parte Anderson HL 25-Nov-2002
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.
CitedCaines, Regina v, Regina v Roberts CACD 23-Nov-2006
The prisoners appealed the review of the recommended minimum terms they must serve on that term being reviewed by the court, saying that the court should have made allowance for the exceptional progress to rehabilitation made in prison.
Held: . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 30 July 2022; Ref: scu.277147