The words of the Act imposing mandatory sentences save in exceptional cases are clear, and the word ‘exceptional’ has accepted meanings which are not to be extended by reference to the Convention on Human Rights. Mandatory life sentences were confirmed.
‘We must construe ‘exceptional’ as an ordinary, familiar English adjective, and not as a term of art. It describes a circumstance which is out of the ordinary course, or unusual, or special, or uncommon. To be exceptional a circumstance need not be unique, or unprecedented, or very rare; but it cannot be one that is regularly, or routinely, or normally encountered.’
Times 29-Dec-1998, [1999] 2 Cr App R(S) 178
Crime (Sentences) Act 1997 2
England and Wales
Cited by:
Cited – S, Regina v CACD 25-Feb-2002
Appeal against sentence for rape, as the result of a reference by the Criminal Cases Review Commission. Life sentence imposed because of historic serious violence. The court was asked what were ‘exceptional circumstances’ so as to allow a non-life . .
These lists may be incomplete.
Updated: 17 June 2021; Ref: scu.85339
