Jackson, Re Setting of Minimum Term an Application Under Criminal Justice Act 2003

Jackson, Re Setting of Minimum Term an Application Under Criminal Justice Act 2003

Article 7(1) ECHR is not violated by setting a minimum term of 15 years, as this is within the range of penalties applicable at the time of the offence (life imprisonment). The applicant's progress in custody, while very good, does not meet the threshold of 'exceptional progress' required for a reduction in the minimum term. The minimum term is therefore set at 15 years, with credit for time spent on remand.

Parties
Applicant: Duncan Jackson; Respondent: Crown; Interested Party: Secretary of State for Justice
Jurisdiction
England and Wales
Judgment Date
06 July 2011
Procedural Posture
Criminal (murder) Setting of Minimum Term / Application Under Criminal Justice Act 2003 Schedule 22 Paragraph 3 for Judicial Determination of Minimum Term
Outcome
Application dismissed; minimum term set at 15 years with credit for time spent on remand.
Legal Topics
Murder, Sentencing, Minimum Term, Article 7 ECHR, Exceptional Progress in Custody
Criminal Law Human Rights Law Murder Sentencing Minimum Term Article 7 ECHR Exceptional Progress in Custody

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Parties

Duncan Jackson

Applicant

Crown

Respondent

Secretary of State for Justice

Interested Party

Procedural Posture

Criminal (murder) Setting of Minimum Term / Application Under Criminal Justice Act 2003 Schedule 22 Paragraph 3 for Judicial Determination of Minimum Term

Legal Issues

  1. 1 Whether the minimum term should be reduced below 15 years to reflect the tariff likely to have been set at the time of the offence (1985)
  2. 2 Whether Article 7(1) ECHR requires the minimum term to be no greater than the likely tariff in 1985
  3. 3 Whether the applicant's progress in custody is 'exceptional' and warrants a reduction in the minimum term

Ratio Decidendi

Article 7(1) ECHR is not violated by setting a minimum term of 15 years, as this is within the range of penalties applicable at the time of the offence (life imprisonment). The applicant's progress in custody, while very good, does not meet the threshold of 'exceptional progress' required for a reduction in the minimum term. The minimum term is therefore set at 15 years, with credit for time spent on remand.

Court Disposition

Application dismissed; minimum term set at 15 years with credit for time spent on remand.

Orders

  • Minimum term set at 15 years from date of sentence, less 88 days spent on remand.