Stephen Paul, Re
A minimum term order must be imposed, with the minimum term set to expire on 1 February 2012, corresponding to the Canadian sentence, as a whole life order would aggravate the sanction contrary to the Convention.
- Parties
- Subject/prisoner: Stephen Paul; Referring Authority: Secretary of State
- Jurisdiction
- England and Wales
- Judgment Date
- 11 September 2024
- Procedural Posture
- Criminal Reference (sentence Adaptation on Transfer) / Judgment on Reference Under Section 273 Criminal Justice Act 2003
- Outcome
- Minimum term order imposed; minimum term expired 1 February 2012.
- Legal Topics
- Transfer of Sentenced Persons, Sentence Adaptation, Minimum Term Orders, Parole Eligibility
Case Brief
Summary, issues, holding and outcome
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Parties
Stephen Paul
Subject/prisoner
Secretary of State
Referring Authority
Procedural Posture
Criminal Reference (sentence Adaptation on Transfer) / Judgment on Reference Under Section 273 Criminal Justice Act 2003
Legal Issues
- 1 Whether to impose a whole life order or a minimum term order under section 321 of the Sentencing Code for a transferred indeterminate sentence
- 2 How to adapt the Canadian indeterminate sentence to the law of England and Wales without aggravating the sanction
Ratio Decidendi
A minimum term order must be imposed, with the minimum term set to expire on 1 February 2012, corresponding to the Canadian sentence, as a whole life order would aggravate the sanction contrary to the Convention.
Court Disposition
Minimum term order imposed; minimum term expired 1 February 2012.
Orders
- A minimum term order is made; the minimum term is set as the period of Mr Paul’s sentence that pre-dated 1 February 2012.
Full Case Text
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