Middleton & Anor, R v

[2005] EWHC 1236 (QB)

Case details

Case citations
[2005] EWHC 1236 (QB)
Court
High Court (Queen's Bench Division)
Judgment date
15 June 2005
Judgment text

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Subjects
Criminal Sentencing Life imprisonment
Keywords
mandatory life sentence minimum term custody on remand sentence revision Schedule 22
Outcome
minimum terms revised
Judicial consideration

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Summary

Where a minimum term for a mandatory life sentence has been fixed on materially incorrect information about time spent in custody on remand, the court may revise the resulting calculation. The minimum term remains the period otherwise determined, but the correct period of remand custody must be deducted.

Factual background

The court had previously determined, following applications under paragraph 3 of Schedule 22 to the Criminal Justice Act 2003, that each defendant’s appropriate minimum term was 10 years less the period spent in custody on remand. The National Offender Management Service subsequently notified the court that the custody information relied upon had been erroneous. The issue was whether the earlier orders should be revised to reflect the correct periods of remand custody.

Held

  1. The court revised its earlier orders because the information concerning time spent in custody on remand was erroneous.
  2. The appropriate minimum term for Middleton was 10 years, less the 68 days actually spent in custody on remand.
  3. The appropriate minimum term for Bauer was 10 years, less the three days actually spent in custody.
  4. The revisions were made for the reasons set out in the court’s earlier judgment of 27 May 2005.

The court’s approach to earlier authorities

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Key cases cited

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Cases citing this case

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