Jackson, Re Setting of Minimum Term an Application Under Criminal Justice Act 2003 [2011] EWHC 1628 (QB) (06 July 2011)

Jackson, Re Setting of Minimum Term an Application Under Criminal Justice Act 2003 [2011] EWHC 1628 (QB) (06 July 2011)

Article 7(1) ECHR does not require the minimum term to be less than the notified tariff unless it exceeds the maximum penalty that could have been imposed at the time of the offence. 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.

Citation
[2011] EWHC 1628 (QB)
Parties
Applicant: Duncan Jackson; Respondent: Crown; Interested Party: Secretary of State for Justice
Jurisdiction
England and Wales
Judgment Date
06 July 2011
Procedural Posture
Application Under Criminal Justice Act 2003 Schedule 22 Paragraph 3 (setting of Minimum Term) / Judgment on Application to Set Minimum Term for Life Sentence
Outcome
Application dismissed; minimum term set at 15 years with credit for time spent on remand.
Legal Topics
Sentencing, Minimum Term for Life Imprisonment, Article 7 ECHR, Exceptional Progress in Custody, Transitional Sentencing Provisions
Criminal Law Human Rights Law Sentencing Minimum Term for Life Imprisonment Article 7 ECHR Exceptional Progress in Custody Transitional Sentencing Provisions

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Parties

Duncan Jackson

Applicant

Crown

Respondent

Secretary of State for Justice

Interested Party

Procedural Posture

Application Under Criminal Justice Act 2003 Schedule 22 Paragraph 3 (setting of Minimum Term) / Judgment on Application to Set Minimum Term for Life Sentence

Legal Issues

  1. 1 Whether Article 7(1) ECHR requires the minimum term to be no greater than the tariff likely at the time of the offence
  2. 2 Whether the minimum term should be reduced to reflect the tariff likely to have been set 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 does not require the minimum term to be less than the notified tariff unless it exceeds the maximum penalty that could have been imposed at the time of the offence. 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 for life sentence set at 15 years, less 88 days for time spent on remand.