The defendant, subject to a sentence of life imprisonment in Canada, had been transferred to the UK. The court had to determine the minimum term to be served.
Held: For a similar offence in England the defendant would have been recommended for a minimum sentence of 15 years. However the Convention required the receiving country not to aggravate the position of a prisoner. The term would therefore need to be set at 10 years to reflect the sentence imposed in Canada.
Judges:
Stanley Burnton J
Citations:
[2006] EWHC 2826 (QB)
Links:
Statutes:
Criminal Justice Act 2003 269 273 274, Convention on the Transfer of Sentenced Persons
Jurisdiction:
England and Wales
Criminal Sentencing
Updated: 08 July 2022; Ref: scu.245979