The Law Reports (Queen's Bench Division)
[2004] QB 1341
Court of Appeal
Regina (Smith)
v
Secretary of State for the Home Department
Regina (Dudson) v Secretary of State for the Home Department and another
[2004] EWCA Civ 99
2003 Dec 2;
2004 Feb 11
2004 Feb 11
Lord Phillips of Worth Matravers MR, Mantell and Carnwath LJJ
Prisons
— Prisoners' rights
— Release on licence
— Child offenders convicted of murder
— Detention during Her Majesty's pleasure
— Tariff to be served before release on licence considered
— Secretary of State fixing tariff period following recommendation of Lord Chief Justice
— Whether Secretary of State's policy not thereafter to review tariff lawful
— Whether tariff to be kept under review
— Whether prisoner entitled to oral hearing on review
— Whether paper review in breach of Convention right to fair trial
—
Children and Young Persons Act 1933 (23 & 24 Geo 5, c 12) (as amended by Murder (Abolition of Death Penalty) Act 1965 (c 71), s. 1(5) and Children and Young Persons Act 1969 (c 54), s. 72(4), Sch. 6), ss. 44(1), 53(1)
—
Human Rights Act 1998 (c 42), Sch. 1, Pt I, art 6(1)
—
Powers of Criminal Courts (Sentencing) Act 2000 (c 6), s. 82A (as inserted by Criminal Justice and Court Services Act 2000 (c 43), s. 60)