Barker, R v

Barker, R v

The reduction of six months for exceptional progress and assistance to authorities was appropriate and consistent with established practice and legitimate expectations. There was no evidence that the appellant's assistance placed her in real danger or warranted a greater reduction. Judicial discretion should not result in reductions that are unjust to other prisoners.

Parties
Prosecutor: R; Appellant: Julie Barker
Jurisdiction
England and Wales
Judgment Date
24 October 2008
Procedural Posture
Criminal Appeal / Appeal Against Minimum Term Order Under Schedule 22 to the Criminal Justice Act 2003
Outcome
Appeal dismissed
Legal Topics
Minimum Term for Life Sentence, Exceptional Progress in Prison, Assistance to Authorities, Judicial Discretion in Sentencing
Criminal Law Minimum Term for Life Sentence Exceptional Progress in Prison Assistance to Authorities Judicial Discretion in Sentencing

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Parties

R

Prosecutor

Julie Barker

Appellant

Procedural Posture

Criminal Appeal / Appeal Against Minimum Term Order Under Schedule 22 to the Criminal Justice Act 2003

Legal Issues

  1. 1 Whether the reduction in minimum term for exceptional progress and assistance to authorities was adequate
  2. 2 Whether judicial discretion in reducing tariffs should be constrained by previous Secretary of State practice

Ratio Decidendi

The reduction of six months for exceptional progress and assistance to authorities was appropriate and consistent with established practice and legitimate expectations. There was no evidence that the appellant's assistance placed her in real danger or warranted a greater reduction. Judicial discretion should not result in reductions that are unjust to other prisoners.

Court Disposition

Appeal dismissed