3 (1) On the application of the existing prisoner, the High Court must, in relation to the mandatory life sentence, either—
Definitions used in Schedule 22, paragraph 3 3
- existing prisoner
“existing prisoner” means a person serving one or more mandatory life sentences passed before the commencement date (whether or not he is also serving any other sentence);
Defined in Sch.22 para.1 · see it in the full Act- the court
(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 Act- mandatory life sentence
“mandatory life sentence” means a life sentence passed in circumstances where the sentence was fixed by law.
Defined in Sch.22 para.1 · see it in the full Act
Cases considering Schedule 22, paragraph 3 31
Gill, R. v
The court applied paragraph 3 to prisoners previously notified of a tariff by the Secretary of State. Exceptional progress may be considered when the High Court, or the Court of Appeal on appeal, revisits the minimum term. (see paras [12]; [14]-[18]; [33])
Bamber, R v
On an existing prisoner's application, paragraph 3 requires the High Court either to specify when early-release provisions apply or, in a whole life tariff case, to order that they do not apply. The court upheld the latter order. (see paras [23]-[26]) Paragraph 3(1)(b) authorises an order that the early release provisions do not apply to an existing prisoner with a notified whole life tariff. Tugendhat J made that order and the Court of Appeal upheld it. (see para [26])
Timlinl, R. v
Paragraph 3(1) was applied to prohibit an order specifying a period greater than the notified minimum term. Excluding remand time that counted under the relevant practice and notification would increase that term (see paras [10]; [14]; [18]-[19]).
- Caines, R v
- Sharif, R v
- Jackson, Re Setting of Minimum Term an Application Under Criminal Justice Act 2003
- Winnett, Re Review of Minimum Term
- Steele, Re Review of Minimum Term
- Manning, Re Review of Minimum Term
- Kular, Re Review of Minimum Term
- Hopkins, Re Review of Minimum Term
- Butterworth, Re Review of Minimum Term
- Noye, R. v
- Williams, Re
- Wealleans, Re
- Johnson, Re
- Rogers, R v
- Cadman, Re Criminal Justice Act 2003
- McIver, Re minimum term
- Middleton & Ors, R v
11 more judgments, and what each says about Schedule 22, paragraph 3, are in the case-law panel in the full Act.