Criminal Justice Act 2003, Schedule 22, paragraph 3

Existing prisoners notified by Secretary of State

SCHEDULE 22 Mandatory life sentences: transitional cases

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

[2011] EWCA Crim 2795 · 1 December 2011

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

[2009] EWCA Crim 962 · 14 May 2009

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

[2007] EWCA Crim 3217 · 11 December 2007Limits

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]).

11 more judgments, and what each says about Schedule 22, paragraph 3, are in the case-law panel in the full Act.