Fretwell, Re

On a review of a minimum term under Schedule 22 to the Criminal Justice Act 2003, the court must not impose a term exceeding the statutory limits, including the term probably applicable under the Secretary of State’s pre-December 2002 practice. The court should identify the appropriate period by weighing aggravating and mitigating features, including the victim’s vulnerability, gratuitous violence, motive, youth and lack of premeditation. Progress in custody justifies reduction only where it reaches the applicable threshold. Credit must be given for qualifying time spent on remand.

The applicant had been convicted of murder and sentenced to life imprisonment. The trial judge fixed a 16-year tariff, while the Secretary of State notified a 15-year minimum term. The applicant sought review under Schedule 22 to the Criminal Justice Act 2003, relying on his youth, lack of premeditation, learning difficulties, remorse and progress in custody.

The court had to determine the appropriate minimum term subject to the statutory ceiling and the historical practice applicable at the time of the offence.

1. The review was conducted under Schedule 22 to the Criminal Justice Act 2003. The court could not specify a period greater than the term notified by the Secretary of State or the term that he would probably have notified under the practice followed before December 2002.
2. Under the relevant historical practice, the starting point for an average murder was 14 years. The court treated the applicant’s youth and lack of premeditation as mitigating factors.
3. The aggravating factors were more weighty. They included the killing of a very old or vulnerable victim, an unprovoked attack on a defenceless man, sadistic and gratuitous violence, humiliation before death, and killing for gain.
4. Although the applicant’s conduct in custody and remorse were considered, his progress did not reach the threshold for a reduction identified in Caines [2006] EWCA Crim 2915.
5. The resulting term under the historical practice was 15 years. Although the 2003 Act calculation would have produced a higher figure, the statutory ceiling prevented that figure being imposed. After credit for 15 months and 22 days spent on remand, the minimum term was fixed from 1 May 1998 at 13 years, 8 months and 8 days.

The judgment describes a review of the Secretary of State’s minimum-term notification under Schedule 22 to the Criminal Justice Act 2003. No appellate history is otherwise stated.