Middleton & Anor, R v

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.

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.

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.