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Tariffs


All life sentence prisoners now have a minimum term of a sentence to serve, this is known as the tariff or the recommendation. This figure is now set by the courts, in the past this had been at the discretion of the Secretary of State.

On being sentenced the Judge will set out any tariff he believes is appropriate and he will then hear representations from prisoners lawyers before fixing the term, which will then be aired openly in Court. Under the new regime the Judge will also make allowances for any time spent on remand before coming to the tariff.

For life sentence prisoners serving a discretionary life or IPP sentence the trial judge must set, in open court, a 'tariff' or minimum term.

The tariff element can be appealed by way of an Appeal against Sentence to the Court of Appeal (Criminal Division). The tariff may also be challenged in the High Court.

Any prisoner who is serving a life sentence is termed a lifer. Although a life sentence is imposed subject to a minimum period (the Tariff) it does not mean a prisoner has to spend his life in prison, but they will be subject to license requirements for the rest of his or her natural life. This is the true element of the life sentence as a person could be recalled post release. But there are some who are given what is known as a life sentence and not to be released until dead.

For each offence there are guidelines as to what the tariff is, to explain this it is better to use examples.

Example A John is convicted of killing his wife by strangling her, he pleads guilty at the first opportunity, and he is then sentenced to a life sentence with a Minimum of 12years.This means he has to serve 12years and be eligible for release, but will have a life sentence licence.

Example B Alan is involved in an armed robbery, during the course of this he shoots and kills a security guard. He pleads guilty and he is sentenced to a life sentence with a Minimum of 24years. This means he has to serve 24 years and be eligible for release, but will have a life sentence licence.

Example C Tom goes on the rampage with a Gun and knife in a school, he kills 3 children, injuries numerous others. He pleads guilty, he is given 6 life sentences each 15yearsMinimum to run consecutively. This means he has to serve 90years to be eligible for release but on this sentence being imposed the judge is aware he will never be released.

 

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ADL Solicitors is a Solicitors Practice operating under the law of England and Wales. It is registered with the Solicitors Regulation Authority and is subject to the Solicitors Code of Conduct which can be viewed by visiting their website; www.sra.org.uk.