Discretionary life sentence - tariff - secretary of state bound by Lord Chief Justice's view

R (Nejad) v Secretary of State for the Home Department: CA (Lord Brown of Eaton-under-Heywood, Lords Justice Keene and Scott Baker): 3 February 2004

In 1985, the claimant, following his trial for armed hostage-taking, was sentenced to five concurrent discretionary life sentences.

The Home Secretary, following the advice of the Lord Chief Justice, set the punitive part of the sentence (the tariff) at 25 years.

In 2002, on a reference by the Home Secretary, the Lord Chief Justice, in the light of evidence which was only then available, recommended that the tariff be reduced to 22 years.

However, the Home Secretary, decided, under paragraph 9 of schedule 12 to the Criminal Justice Act 1991, not to vary the 25-year tariff.

The claimant sought judicial review.

Judge Henriques dismissed the claim.

The claimant appealed.

Tim Owen QC and Paul Bowen (instructed by Irwin Mitchell, Sheffield) for the claimant; Eleanor Grey (instructed by Treasury Solicitor) for the secretary of state.

Held, allowing the appeal, that, although Parliament had accorded to the secretary of state the actual task of certifying the tariff, it was intended that the certificate would be based on a judicial expression of view; and that, therefore, the Lord Chief Justice having expressed a view as to the tariff, the secretary of state had to give effect to that view.