Proceedings in High Court
SCHEDULE 22 Mandatory life sentences: transitional cases
11 (1) An application under paragraph 3 or a reference under paragraph 6 is to be determined by a single judge of the High Court without an oral hearing.
(2) In relation to such an application or reference, any reference to “the court” in section 269(2) to (5) and Schedule 21 is to be read as a reference to the High Court.
The absolute requirement that the High Court determine applications and references without an oral hearing is incompatible with article 6 where fairness requires such a hearing. On the parties' accepted basis, it was read as preserving judicial discretion to order one when necessary for fairness (see paras [16]–[17]; [29]; [46]).
The provision establishes determination of a tariff review application by a single High Court judge without an oral hearing as the default. The court may depart from that position where specific oral evidence or representations would assist the decision. (see paras [29]-[35]) The court applies the statutory direction that an application is to be determined without an oral hearing, subject to the court’s discretion to receive oral evidence or representations where good and strong reasons are shown. (see paras [29]-[35])
The provision supported the conclusion that this type of application would normally be decided without an oral hearing, while permitting a hearing where appropriate. (see para [7])
What each judgment says about Schedule 22, paragraph 11 is in the case-law panel in the full Act.
850.Paragraph 11 provides for any review or determination of a minimum term under either paragraphs 3 or 6 by the High Court to be undertaken by a single judge on the papers.