Schedule 22 : Mandatory Life Sentences: Transitional Cases Existing prisoners not notified by Secretary of State: Paragraphs 5 to 8
846.Since the judgement in Anderson ([2002] UKHL 46) the Home Secretary has not determined any minimum terms. Accordingly, there are a number of cases in which the prisoner has been found guilty of murder and sentenced to the mandatory life sentence but still awaits the determination of a minimum term. Paragraph 6 creates a duty on the part of the Home Secretary to refer these cases to the High Court for the determination of a minimum term under the provision at section 269.
847.In keeping with the provision for future cases, the reviewing court must take into guidelines account the new statutory principles and any relevant guidelines when considering the seriousness of the case for the purpose of determining the minimum term. Any recommendations made by either the Lord Chief Justice or the trial judge also need to be taken into account by the High Court when determining the minimum term.
848.To ensure compatibility with Article 7 of the Convention, paragraph 8(a) prevents the High Court from determining the minimum term at a level greater than that which would have been imposed under the practice of the Secretary of State before the Anderson judgement. Paragraph 8(b) also makes it clear that no whole life term can be imposed unless such a term would, in the court’s opinion, have been imposed by the Secretary of State.