Amir Antar, Re

Amir Antar, Re

The appropriate minimum term for Amir Antar is determined by balancing the minimum term recommended by the SBAs Court (16 years), the term that would have been imposed under UK guidelines (23 years), and the differences in early release regimes, resulting in a minimum term of 19 years less 300 days spent on remand.

Parties
Applicant: Amir Antar; Respondent: Home Secretary; Amicus: Paul Jarvis
Jurisdiction
England and Wales
Judgment Date
07 February 2022
Procedural Posture
Reference Under Section 273 of the Criminal Justice Act 2003 / Determination of Minimum Term for Transferred Life Prisoner
Outcome
minimum term set for transferred life prisoner
Legal Topics
Minimum Term Determination, Life Imprisonment, Adaptation of Foreign Sentences, Sentencing Guidelines, Prisoner Repatriation
Criminal Law International Law Prisoner Transfer Minimum Term Determination Life Imprisonment Adaptation of Foreign Sentences Sentencing Guidelines Prisoner Repatriation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 12 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Amir Antar

Applicant

Home Secretary

Respondent

Paul Jarvis

Amicus

Procedural Posture

Reference Under Section 273 of the Criminal Justice Act 2003 / Determination of Minimum Term for Transferred Life Prisoner

Legal Issues

  1. 1 What is the appropriate minimum term to be served by Amir Antar, a transferred life prisoner, before early release provisions apply?
  2. 2 How should the High Court adapt the foreign sentence to the UK regime, considering discrepancies between the SBAs recommendation and UK sentencing practice?

Ratio Decidendi

The appropriate minimum term for Amir Antar is determined by balancing the minimum term recommended by the SBAs Court (16 years), the term that would have been imposed under UK guidelines (23 years), and the differences in early release regimes, resulting in a minimum term of 19 years less 300 days spent on remand.

Court Disposition

minimum term set for transferred life prisoner

Orders

  • Minimum term of 19 years less 300 days spent on remand (18 years 65 days) to be calculated from 27 June 2016.