![]() |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] [DONATE] | |||||||||
England and Wales High Court (Administrative Court) Decisions |
||||||||||
PLEASE SUPPORT BAILII & FREE ACCESS TO LAW
To maintain its current level of service, BAILII urgently needs the support of its users.
Since you use the site, please consider making a donation to celebrate BAILII's 25 years of providing free access to law. No contribution is too small. If every visitor this month gives just £5, it will have a significant impact on BAILII's ability to continue providing this vital service.
Thank you for your support! | ||||||||||
You are here: BAILII >> Databases >> England and Wales High Court (Administrative Court) Decisions >> Herbert, Re review of tariff [2016] EWHC 2008 (Admin) (18 August 2016) URL: https://www.bailii.org/ew/cases/EWHC/Admin/2016/2008.html Cite as: [2016] EWHC 2008 (Admin) |
[New search] [View without highlighting] [Printable RTF version] [Help]
QUEEN'S BENCH DIVISION
ADMINISTRATIVE COURT
Strand, London, WC2A 2LL |
||
B e f o r e :
____________________
On review of the tariff in the case of RYAN STEPHEN HERBERT |
____________________
Crown Copyright ©
The Hon. Mr Justice Langstaff
Introduction
"The requirements of the welfare of the offender must be taken into account when deciding for how long a young person sentenced to detention during Her Majesty's Pleasure should remain in custody. Those requirements will change, depending upon the development of that young person while in custody. Accordingly, even if a provisional tariff is set to reflect the elements of punishment and deterrence, the position of the offender must be kept under review before the provisional tariff period has expired."
The Offence
The Criteria for Review
"(1) An exemplary work and disciplinary record in prison(2) Genuine remorse and accepted an appropriate level of responsibility for the part played in the offence.
(3) The ability to build and maintain successful relationships with fellow prisoners and prisons staff; and
(4) Successful engagement in work (including offending behaviour/offence-related courses) with a result in substantial reduction in areas of risk"
But add that:
"to reach the threshold of exceptional progress there would also need to be some extra element to show that the detainee had assumed responsibility and shown himself to be trustworthy when given such responsibility. Such characteristics may well be demonstrated by the detainee having done good works for the benefit of others".
There should be evidence of those factors having been sustained over a lengthy period and in more than one prison.
Evidence relevant to this review
Representations on the Applicant's Behalf
Oral Hearing
Conclusion