Detention during Her Majesty's pleasure of young person convicted of murder - tariff period fixed by secretary of state on recommendation of Lord Chief Justice - tariff to be kept under review but no oral hearing on review

R (Smith) v Secretary of State for the Home Department; R (Dudson) v Same [2004] EWCA Civ 99: CA (Lord Phillips of Worth Matravers Master of the Rolls, Lords Justices Mantell and Carnwath): 11 February 2004

The two claimants, who had been aged 16 and 17 at the time of their offences, were convicted of murder and sentenced to be detained during Her Majesty's pleasure before section 82A of the Powers of Criminal Courts (Sentencing) Act 2000 (as inserted by section 60 of the Criminal Justice and Court Services Act 2000) came into force.

Under the executive policy applicable to their cases their tariffs were fixed, on review, by the secretary of state on the Lord Chief Justice's recommendation.

On their claims for judicial review, the Divisional Court granted an order for periodic reviews of their tariffs but refused the second claimant an oral hearing at a review.

The secretary of state in the first case and the claimant in the second appealed.

David Pannick QC and Kate Gallafent (instructed by Treasury Solicitor) for the secretary of state; Edward Fitzgerald QC and Phillippa Kaufmann (instructed by Irwin Mitchell) for Smith; Tim Owen QC and Hugh Southey (instructed by Bhatt Murphy) for Dudson; Philip Sales (instructed by Treasury Solicitor) for the Lord Chief Justice.

Held, dismissing the appeals, that young persons detained during Her Majesty's pleasure on conviction for murder, whose tariffs were fixed by the secretary of state on the Lord Chief Justice's recommendation, were to be kept under review to consider whether the facts of the individual case justified release before completion of the tariff period, but on such a periodic review no oral hearing was required.