7 In considering under subsection (3) or (4) of section 269 the seriousness of an offence (or the combination of an offence and one or more offences associated with it) in a case referred to the High Court under paragraph 6, the High Court must have regard not only to the matters mentioned in subsection (5) of that section but also to any recommendation made to the Secretary of State by the trial judge or the Lord Chief Justice as to the minimum term to be served by the offender before release on licence.
Definitions used in Schedule 22, paragraph 7 1
- 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
Cases considering Schedule 22, paragraph 7 3
Coonan (Formerly Sutcliffe), R v
Requires the court to consider the seriousness of the offences and to have regard to Schedule 21 and the specified judicial recommendations when setting the minimum term. (see para [12])
Belnavis, Re Setting of Minimum Terms In Relation To
The court had to assess seriousness by applying Schedule 21 and also consider recommendations made by the trial judge and Lord Chief Justice. (see paras [14], [20])
McIver, Re minimum term
Requires the High Court to have regard to a trial judge’s or Lord Chief Justice’s recommendation when considering seriousness. (see para [12])
What each judgment says about Schedule 22, paragraph 7 is in the case-law panel in the full Act.