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I'm slightly amazed that Home Secretaries still feel that they have the power to do this. Haven't similar decisions been ruled unlawful by various EU courts? - E. Randy Dupre
The case you are thinking of is Dennis Stafford -v- UK. I think it was May 2002 the European Court of Human Rights held that the decision of how long a prisoner should serve should be taken by a judge rather than a politician, in order to comply with article 5(1) of the European Convention on Human Rights (right to liberty and security).
Don't forget, however, that the ECHR's decisions are not binding on the UK - merely persuasive. (This is different from the European Court of Justice, the EU court, which is binding.) The government has indicated it intends to maintain the Home Secretary's power to set tariffs, despite having (I think) removed this power in Scotland where only judges set sentences. |
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