When passing a mandatory sentence of life imprisonment a trial judge was required by section 218 of the 1975 Act to specify the date of the commencement of the sentence The question whether a mandatory life sentence should be backdated was not an academic one, because the date at which the sentence was held to have commenced might affect the date at which the Preliminary Review Committee could first consider the case of the prisoner.
Judges:
Lord Justice Clerk Ross
Citations:
1997 SLT 1229
Statutes:
Criminal Procedure (Scotland) Act 1975
Jurisdiction:
Scotland
Cited by:
Cited – Flynn, Meek, Nicol and McMurray v Her Majesty’s Advocate PC 18-Mar-2004
PC (High Court of Justiciary) The applicants had each been convicted of murder, and complained that the transitional provisions for determining how long should be served under the life sentences infringed their . .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing
Updated: 25 November 2022; Ref: scu.194652