Secretary of State v Smith

Secretary of State v Smith

The Court held that the Secretary of State remains under an obligation to keep under review the tariffs fixed for young persons detained during Her Majesty’s pleasure in transitional cases, regardless of whether the tariff was set by the Lord Chief Justice. The welfare of the young offender must be considered throughout detention, and periodic review is required. The Lord Chief Justice was not required to afford an oral hearing in the tariff review process, and there was no error in the tariff set for Dudson.

Parties
Defendant / Appellant: Secretary of State; Claimant / Respondent: Maria Smith; Claimant / Appellant: Anthony Dudson; Defendant / Respondent: Lord Chief Justice
Jurisdiction
England and Wales
Judgment Date
11 February 2004
Procedural Posture
Civil Appeal (judicial Review) / Court of Appeal Judgment on Appeal From Divisional Court
Outcome
Appeals dismissed
Legal Topics
Sentencing of Young Offenders, Detention During Her Majesty’s Pleasure, Judicial Review, Tariff Setting, Article 6 ECHR, Welfare of Child Offenders
Criminal Law Human Rights Law Administrative Law Sentencing of Young Offenders Detention During Her Majesty’s Pleasure Judicial Review Tariff Setting Article 6 ECHR +1 more

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Parties

Secretary of State

Defendant / Appellant

Maria Smith

Claimant / Respondent

Anthony Dudson

Claimant / Appellant

Lord Chief Justice

Defendant / Respondent

Procedural Posture

Civil Appeal (judicial Review) / Court of Appeal Judgment on Appeal From Divisional Court

Legal Issues

  1. 1 Whether the Secretary of State is required to keep under periodic review the tariffs fixed for young persons detained during Her Majesty’s pleasure in transitional cases
  2. 2 Whether the Lord Chief Justice was required to afford an oral hearing when reviewing Dudson’s tariff
  3. 3 Whether the Lord Chief Justice erred in fixing Dudson’s tariff by failing to consider his welfare

Ratio Decidendi

The Court held that the Secretary of State remains under an obligation to keep under review the tariffs fixed for young persons detained during Her Majesty’s pleasure in transitional cases, regardless of whether the tariff was set by the Lord Chief Justice. The welfare of the young offender must be considered throughout detention, and periodic review is required. The Lord Chief Justice was not required to afford an oral hearing in the tariff review process, and there was no error in the tariff set for Dudson.

Court Disposition

Appeals dismissed

Orders

  • Appeal of Secretary of State in Smith dismissed; costs to respondent subject to detailed assessment.
  • Appeal of Dudson dismissed; no order as to costs; costs of appellant subject to detailed Legal Service Funding Assessment.