Tariff (criminal law)

Tariff (criminal law)

Under the criminal law of England and Wales, a tariff is the minimum period that a person serving an indefinite prison sentence must serve before that person becomes eligible for parole. The Home Secretary (or one of his/her delegates) bears responsibility for tariffs, and often considers the recommendation of the sentencing judge, and from the Lord Chief Justice. However, the Home Secretary is not bound by recommendations from the judiciary.

The purpose of this mechanism has been described as follows::The tariff is the minimum period a life sentence prisoner must serve to meet the requirements of retribution and deterrence before being considered for release. After this minimum period has been served release will only take place where the prisoner is judged no longer a risk of harm to the public.(Hilary Benn, [http://www.parliament.the-stationery-office.co.uk/pa/cm200102/cmhansrd/vo020708/text/20708w27.htm House of Commons Hansard Written Answers for 8 Jul 2002] ).

The factors involved in the determination of a tariff were contested in the 1993 case of Robert Thompson and Jon Venables, two boys around ten years old who were convicted of the murder of two-year-old James Bulger. Although the trial judge sentenced the killers to eight years in prison each, the Home Secretary (then Michael Howard) set a tariff of fifteen years, based in part on the public outcry over the murders. The House of Lords overturned this tariff, criticizing the Home Secretary for giving too much weight to public opinion.

A similar system operates in Scotland, whereby the trial judge fixes a "punishment part" to "satisfy the requirements of retribution and deterrence". The prisoner cannot be considered for parole until this punishment part is served.

External links

* [http://news.bbc.co.uk/1/hi/uk/565101.stm The Bulger killers' legal challenge explained]


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