Arif, Re

On a reference concerning a transferred foreign life sentence, the High Court must determine the tariff that would have applied to an equivalent discretionary life sentence in England and Wales. The conventional approach is to identify the notional determinate sentence and set the tariff at one half of that sentence. The court must apply the current sentencing guideline for the equivalent offence, taking account of the seriousness and circumstances of the offending. Full credit is given for relevant time spent in custody before and after transfer. Actual release remains a matter for the Parole Board.

Adnan Arif, a British citizen, was convicted in Greece of possessing and transporting approximately 22.566 kilos of heroin in a concealed compartment in his vehicle. He received a life sentence, which was affirmed on appeal, and was later transferred to England and Wales under the statutory repatriation scheme.

The Secretary of State referred his case to the High Court under section 273 of the Criminal Justice Act 2003. The court had to determine the appropriate tariff by applying the domestic provisions governing discretionary life sentences and the current guideline for fraudulent evasion of a prohibition on importing drugs.

1. The reference was determined on the basis that the Greek life sentence was to be treated as a discretionary life sentence in this jurisdiction. Under section 273 of the Criminal Justice Act 2003, the court was required to make the relevant order by applying section 82A of the Sentencing Act 2000.

2. The appropriate method was to identify the notional determinate sentence that would have been imposed in England and Wales had a life sentence not been required. The tariff was then one half of that notional sentence.

3. The current guideline for fraudulent evasion was applied. The offending involved a leading role in a sophisticated operation and the smuggling of more than 22 kilos of heroin. Although the guideline’s stated category range concerned 5 kilos, it provided for a sentence of 20 years or more in the most serious cases involving a quantity significantly greater than 5 kilos. A determinate sentence of 20 years was justified.

4. The resulting minimum term before the early release provisions could apply was therefore 10 years. Full credit was required for the entire period spent in custody in Greece and in England and Wales. As at 7 November 2020, the credited period was 12 years and 7 months, so the early release provisions applied forthwith. The date of actual release remained for the Parole Board.