Timlinl, R. v

Timlinl, R. v

The judge was not entitled to exclude the whole period of remand from the minimum term, as the notified tariff and correspondence indicated the 25-year period was calculated from the remand date, and increasing the term would contravene statutory provisions.

Parties
Respondent: Regina; Appellant: Patrick Timlin
Jurisdiction
England and Wales
Judgment Date
11 December 2007
Procedural Posture
Criminal Appeal / Court of Appeal Judgment
Outcome
appeal allowed
Legal Topics
Minimum Term Calculation, Life Imprisonment, Remand Time Credit, Criminal Justice Act 2003, Tariff Review
Criminal Law Minimum Term Calculation Life Imprisonment Remand Time Credit Criminal Justice Act 2003 Tariff Review

Case Brief

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Parties

Regina

Respondent

Patrick Timlin

Appellant

Procedural Posture

Criminal Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether time spent on remand should count towards the minimum term for life imprisonment under Criminal Justice Act 2003 Schedule 22 paragraph 3(1)
  2. 2 Whether the judge erred in excluding remand time from the notified minimum term

Ratio Decidendi

The judge was not entitled to exclude the whole period of remand from the minimum term, as the notified tariff and correspondence indicated the 25-year period was calculated from the remand date, and increasing the term would contravene statutory provisions.

Court Disposition

appeal allowed

Orders

  • Time spent on remand to be counted towards the minimum term.
  • Minimum term remains 25 years calculated from remand date.