Minimum Term
Under the criminal law of England and Wales, a minimum term (formerly "tariff") is the minimum period that a person serving an indefinite sentence must serve before that person becomes eligible for parole. The sentencing judge bears responsibility for setting the minimum term.
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, 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. As discussed above, the Home Secretary lost this power in 2002.
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.
Read more about this topic: Life Imprisonment In England And Wales
Famous quotes containing the words minimum and/or term:
“There are ... two minimum conditions necessary and sufficient for the existence of a legal system. On the one hand those rules of behavior which are valid according to the system’s ultimate criteria of validity must be generally obeyed, and on the other hand, its rules of recognition specifying the criteria of legal validity and its rules of change and adjudication must be effectively accepted as common public standards of official behavior by its officials.”
—H.L.A. (Herbert Lionel Adolphus)
“No—is a term very frequently employed by the fair, when they mean everything else but a negative. Their yes is always yes; but their no is not always no.”
—Anonymous, U.S. women’s magazine contributor. M, Weekly Visitor or Ladies Miscellany, p. 203 (April 1803)