Barker, R v [2008] EWCA Crim 2395 (24 October 2008)

Barker, R v [2008] EWCA Crim 2395 (24 October 2008)

The judge was entitled to take exceptional progress and assistance to the authorities into account when setting the minimum term in transitional cases, but the reduction should be modest and consistent with established practice. There was no basis for a greater reduction than that given by the judge in this case.

Citation
[2008] EWCA Crim 2395
Parties
Prosecution: R; Appellant: Julie Barker
Jurisdiction
England and Wales
Judgment Date
24 October 2008
Procedural Posture
Criminal Appeal / Appeal Against Minimum Term Order Under Criminal Justice Act 2003, Schedule 22
Outcome
appeal dismissed
Legal Topics
Minimum Term Determination, Exceptional Progress in Prison, Tariff Reduction, Life Sentences, Judicial Discretion, Assistance to Authorities
Criminal Law Minimum Term Determination Exceptional Progress in Prison Tariff Reduction Life Sentences Judicial Discretion Assistance to Authorities

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Parties

R

Prosecution

Julie Barker

Appellant

Procedural Posture

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

Legal Issues

  1. 1 Whether the judge should make a reduction in the minimum term to reflect exceptional progress in prison
  2. 2 At what stage of the tariff-fixing process such a reduction should be made
  3. 3 Whether the judge is bound by the Secretary of State's previous practice regarding the size of reduction for exceptional progress

Ratio Decidendi

The judge was entitled to take exceptional progress and assistance to the authorities into account when setting the minimum term in transitional cases, but the reduction should be modest and consistent with established practice. There was no basis for a greater reduction than that given by the judge in this case.

Court Disposition

appeal dismissed

Orders

  • The appeal against the minimum term order is dismissed.