6 The Secretary of State must refer the prisoner’s case to the High Court for the making by the High Court of an order under subsection (2) or (4) of section 269 in relation to the mandatory life sentence.
Definitions used in Schedule 22, paragraph 6 2
- 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 6 14
R (on the application of Hammond) (FC) (Respondent) v. Secretary of State for the Home Department (Appellant) (Criminal Appeal from Her Majesty's High Court of Justice)
The paragraph requires the Secretary of State to refer the case of a prisoner sentenced but not notified of a minimum term to the High Court for judicial determination. The present case fell within this procedure (see paras [5]; [20]).
Esposito, R. v
The court applied the paragraph 6 referral route because no minimum term had been notified before commencement. That history placed the appellant within the transitional category in which the later review jurisdiction could arise. (see paras [28]; [35])
Gill, R. v
The court applied paragraph 6 to prisoners whose minimum terms had not been notified by the Secretary of State. It held that there is no effective distinction between this route and paragraph 3 for exceptional-progress review. (see paras [12]; [16]; [21]; [33])
- Coonan (Formerly Sutcliffe), R v
- Hardy, R. v
- Rogers, R v
- Belnavis, Re Setting of Minimum Terms In Relation To
- McFaull & Anor, R v
- McIver, Re minimum term
- Hammond, R (on the application of) v Secretary of State for the Home Department
- Jackson, Re Setting of Minimum Term an Application Under Criminal Justice Act 2003
- Grant, R v
- Delker, R v
- Trevis, R v
What each judgment says about Schedule 22, paragraph 6 is in the case-law panel in the full Act.