Giving of reasons
SCHEDULE 22 Mandatory life sentences: transitional cases
12 (1) Where the High Court makes an order under paragraph 3(1)(a) or (b), it must state in open court, in ordinary language, its reasons for deciding on the order made.
(2) Where the order is an order under paragraph 3(1)(a) specifying a part of the sentence shorter than the notified minimum term the High Court must, in particular, state its reasons for departing from the notified minimum term.
(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.
Defined in Sch.22 para.11(2) · see it in the full ActApplies the requirement that the High Court give reasons in ordinary language, including reasons for departing from the notified term. The court explained why it retained the notified period. (see paras [29], [46]-[48])
Paragraph 12 required the High Court to give reasons in ordinary language, including reasons for departing from the notified term. The judgment explained the statutory assessment and the resulting period. (see paras [13]; [25]-[35])
The duty to give reasons for departing from a notified minimum term supported the inference that a downward departure, rather than an increase, was contemplated. (see [35])
What each judgment says about Schedule 22, paragraph 12 is in the case-law panel in the full Act.