ABILITY OF JUDGE TO UPHOLD MINIMUM TERM IMPOSED BY SECRETARY OF STATE

When conducting a sentence review under the Criminal Justice Act 2003 s.276 and Sch.22 para.3, a reviewing judge was required to consider the recommendations of the trial judge and the Lord Chief Justice but was not bound by them. Accordingly, the judge in the instant case was entitled to uphold the minimum term set by the Secretary of State for the Home Department.

[2009] EWCA Crim 2440