Re Richmond (Review of Tariff)

A tariff may be reduced on review only where the prisoner has made exceptional and unforeseen progress during the sentence. Favourable reports and clear progress are insufficient if the progress is no greater than reasonably expected and offence-focused work remains outstanding. The court must assess whether the progress meets that threshold at the time of review.

The applicant, BR, was convicted of murder arising from the killing of a 16-year-old victim when BR was aged 13. The trial judge imposed a 15-year tariff, which was reduced on appeal to 13 years less time spent on remand. BR applied for a review of the tariff on the basis of his progress in custody. The central issue was whether his progress was exceptional and unforeseen so as to justify a reduction.

1. The application for a tariff reduction was refused. The tariff remained unchanged and was due to expire on 18 March 2020.
2. The court could advise a reduction only if BR had made exceptional and unforeseen progress during his sentence.
3. BR had made good progress. The reports were favourable, but the progress was no greater than would reasonably have been hoped for. His latest Tariff Assessment report also identified offence-focused work that remained necessary in a custodial setting.
4. Those circumstances did not satisfy the required threshold for a tariff reduction. No alteration was therefore made.

The trial judge imposed a 15-year tariff. On appeal, the tariff was reduced to 13 years less 412 days spent on remand. The present application concerned a subsequent review of the tariff.