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106:. The Home Secretary took into account public petitions demanding the murderer be imprisoned for life. He refused to take account of their progress and development during detention. He increased the ‘tariff period’ from 10 to 15 years to delay release, and said they should be dealt with on the same basis as adult offenders, where mandatory life sentences were imposed.
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His legal premise was wrong: the two sentences are different. A sentence of detention during Her
Majesty’s pleasure requires the Home Secretary to decide from time to time ... whether detention is still justified. The Home Secretary misunderstood his duty. This misdirection by itself renders his
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held by 3 to 2, that the Home
Secretary acted unlawfully by taking into account irrelevant considerations (a public petition) and failing to take into account relevant considerations (progress in detention).
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R v
Secretary of State for the Home Department, ex parte Venables and Thompson
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case, concerning the exercise of independent judgement in judicial review.
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had unlawfully decided not to release them from prison, after
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to set minimum terms for sentences of life imprisonment
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18:R v Home Secretary ex parte Venables and Thompson
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8:
125:said the following of the Home Secretary.
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32:R (Venables and Thompson) v Home Secretary
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104:they were convicted of murder as children
98:Venables and Thompson claimed that the
180:United Kingdom constitutional case law
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185:United Kingdom enterprise case law
143:, who successfully challenged the
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151:United Kingdom constitutional law
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141:Anthony Anderson (murderer)
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145:Home Secretary's power
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88:UK constitutional law
130:decision unlawful.
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16:(Redirected from
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116:House of Lords
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100:Home Secretary
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174:Categories
162:References
123:Lord Steyn
62:, AC 407
56:Citations
135:See also
110:Judgment
67:Keywords
84:UKHL 25
60:UKHL 25
72:Health
157:Notes
94:Facts
86:is a
46:Court
114:The
176::
20:)
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