Caines, R v

Caines, R v

Exceptional progress in prison can justify a reduction in the minimum term for mandatory life sentences under schedule 22 of the Criminal Justice Act 2003. Such reduction must be applied to the notified minimum term set by the Secretary of State, not to a higher notional tariff calculated under schedule 21. The High Court must apply the general principles in schedule 21, including starting points and aggravating/mitigating factors, but cannot increase the notified minimum term. The Secretary of State's notified minimum term serves as a cap and a reference point for reductions due to exceptional progress.

Parties
Prosecution: R; Appellant: Caines; Appellant: Roberts; Interested Party: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
23 November 2006
Procedural Posture
Criminal Appeal / Appeal From High Court Decision on Minimum Term Review Under Transitional Provisions
Outcome
Roberts: application refused; Caines: appeal allowed in part
Legal Topics
Murder, Life Imprisonment, Minimum Term, Exceptional Progress, Transitional Provisions, Judicial Review of Tariffs
Criminal Law Sentencing Murder Life Imprisonment Minimum Term Exceptional Progress Transitional Provisions Judicial Review of Tariffs

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Parties

R

Prosecution

Caines

Appellant

Roberts

Appellant

Secretary of State for the Home Department

Interested Party

Procedural Posture

Criminal Appeal / Appeal From High Court Decision on Minimum Term Review Under Transitional Provisions

Legal Issues

  1. 1 Whether exceptional progress in prison can reduce the minimum term for mandatory life sentences under schedule 22 of the Criminal Justice Act 2003
  2. 2 How the High Court should apply reductions for exceptional progress—against the notified minimum term or the notional tariff under schedule 21
  3. 3 Whether the Secretary of State's previously notified minimum term should influence the judicial review of the tariff

Ratio Decidendi

Exceptional progress in prison can justify a reduction in the minimum term for mandatory life sentences under schedule 22 of the Criminal Justice Act 2003. Such reduction must be applied to the notified minimum term set by the Secretary of State, not to a higher notional tariff calculated under schedule 21. The High Court must apply the general principles in schedule 21, including starting points and aggravating/mitigating factors, but cannot increase the notified minimum term. The Secretary of State's notified minimum term serves as a cap and a reference point for reductions due to exceptional progress.

Court Disposition

Roberts: application refused; Caines: appeal allowed in part

Orders

  • Roberts: application for reduction of minimum term refused; minimum term of 22 years upheld
  • Caines: appeal allowed to the extent that a two-year reduction for exceptional progress is applied to the 14-year notified minimum term, not a higher notional tariff