Paul, In the Matter of (Re Secretary of State reference under s.273 Criminal Justice Act 2003) [2023] EWHC 1091 (Admin) (09 May 2023)

Paul, In the Matter of (Re Secretary of State reference under s.273 Criminal Justice Act 2003) [2023] EWHC 1091 (Admin) (09 May 2023)

A minimum term order must be imposed, not a whole life order, to correspond with the Canadian sentence and avoid aggravating the sanction; the minimum term is set as the period pre-dating 1 February 2012, reflecting the Canadian statutory minimum term for parole eligibility.

Citation
[2023] EWHC 1091 (Admin)
Parties
Subject/prisoner: Stephen Paul; Referring Authority: Secretary of State
Jurisdiction
England and Wales
Judgment Date
09 May 2023
Procedural Posture
Reference Under Section 273 Criminal Justice Act 2003 / Decision Following Transfer and Reference
Outcome
minimum term order imposed; minimum term expired 1 February 2012
Legal Topics
Transfer of Sentenced Persons, Indeterminate Sentences, Minimum Term Orders, Parole Eligibility
Criminal Law International Law Sentencing Transfer of Sentenced Persons Indeterminate Sentences Minimum Term Orders Parole Eligibility

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Parties

Stephen Paul

Subject/prisoner

Secretary of State

Referring Authority

Procedural Posture

Reference Under Section 273 Criminal Justice Act 2003 / Decision Following Transfer and Reference

Legal Issues

  1. 1 Whether to impose a whole life order or a minimum term order under section 321 of the Sentencing Code for a transferred indeterminate sentence
  2. 2 How to adapt the Canadian sentence to correspond with English law without aggravating the sanction

Ratio Decidendi

A minimum term order must be imposed, not a whole life order, to correspond with the Canadian sentence and avoid aggravating the sanction; the minimum term is set as the period pre-dating 1 February 2012, reflecting the Canadian statutory minimum term for parole eligibility.

Court Disposition

minimum term order imposed; minimum term expired 1 February 2012

Orders

  • The minimum term is set as the period of Mr Paul's sentence pre-dating 1 February 2012.
  • Parole Board may now consider release; confinement continues unless and until Parole Board deems release appropriate.