Legislation is to be enacted to set the tariff for life sentences for youths to be sentenced to life for murder. Until enacted the Lord Chief Justice gave recommendations for both existing and new cases, and the Home Secretary will follow them. Before making a recommendation the Lord Chief Justice will seek representations from the lawyers acting for the detainee, and from the Director of Public Prosecutions who should include representations made on behalf of the family of the deceased. ‘Before I make a recommendation to the Home Secretary, in both new and existing cases, I shall invite written representations from the detainees’ legal advisers and also from the Director of Public Prosecutions who may include representations on behalf of victim’s families and ‘Before the first such cases are put before me to make a recommendation to the Home Secretary, it is appropriate for the general principles which will guide me in recommending tariffs to be made public. This is because it is right that the process by which tariffs are set should be open to public scrutiny. When making recommendations to the Home Secretary in such cases I will announce my reasons in open court after taking into account any written representations I receive.’
Judges:
Lord Chief Justice
Citations:
Times 09-Aug-2000, [2000] 1 WLR 1655
Jurisdiction:
England and Wales
Cited by:
Replaced – Practice Statement (Crime: Life sentences) LCJ 31-May-2002
The statement followed the report of the Sentencing Advisory Panel of March 15, 2002. The statement contained guidance, not firm rules. The phrase ‘minimum term’ should replace the term ‘tariff’. Offenders are normally not released on the expiry of . .
Cited – 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, . .
Cited – Dudson, Regina (on the Application of) v Secretary of State for the Home Department HL 28-Jul-2005
The defendant had committed a murder when aged 16, and after conviction sentenced to be detailed during Her Majesty’s Pleasure. His tarriff had been set at 18 years, reduced to 16 years after review.
Held: ‘What is at issue is the general . .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing
Updated: 19 May 2022; Ref: scu.85002