Example sentences of "the [noun sg] [prep] [art] first review " in BNC.
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1 | ‘ As indicated in the November 1983 statement , the setting of the first review date under these arrangements will enable a life sentence prisoner to be released within three years of that date if the Parole Board so recommends , subject to the policy announced in reply to a question by the then Rt . |
2 | I assume that in each case time in custody before trial is counted as part of the period before the first review . |
3 | This committee scrutinised the case of each prisoner serving a life sentence in order to set the date for the first review , which might be more than seven years after the date of sentence . |
4 | ( ii ) The minister of state in charge of the Prison Department ( not the Secretary of State himself ) then sets the date for the first review by the local review committee . |
5 | ( iii ) If the tariff is less than 20 years , the date for the first review is three years before the end of the tariff . |
6 | ( iv ) If a discretionary life sentence is passed , the minister of state sets the date for the first review strictly in accordance with the views of the judiciary , thus following the decision in Ex parte Handscomb , 86 Cr.App.R. 59 , and Mr. Hurd 's 1987 statement . |
7 | ( v ) The prisoner is then informed of the date for the first review , and that this is three years less than the tariff if the first review is to be held less than 17 years before the date of his sentence . |
8 | ( vi ) If the date for the first review is fixed 17 years after sentence , the prisoner is told that this does not necessarily mean that the period for retribution and deterrence has been set at 20 years . |
9 | It is convenient to consider the third and fourth issues together : has the prisoner the right to make representations before the Secretary of State sets the date for the first review , and has he a right to be told the judicial view of his tariff ? |
10 | After the Secretary of State , having received judicial advice , had set the date for the first review of Mr. Pegg 's sentence in August 1993 , and thus set his tariff , in January 1989 Mr. Pegg submitted a petition to the Secretary of State . |
11 | In accordance with the adopted procedure the Secretary of State consulted the Lord Chief Justice and the trial judge before determining when the date of the first review should occur after each applicant had served a term of imprisonment to satisfy the requirements of retribution and deterrence . |
12 | Held , allowing the appeals , that the Secretary of State was required to afford to a prisoner serving a mandatory life sentence the opportunity to submit in writing representations as to the period that prisoner should serve for the purposes of retribution and deterrence before the Secretary of State in the exercise of his power under section 61 of the Act of 1967 set the date of the first review of the prisoner 's sentence ; that , before giving the prisoner the opportunity to make representations , the Secretary of State was required to inform him of the period recommended by the judiciary as the period he should serve for the purposes of retribution and deterrence and of any other opinion expressed by the judiciary which had not been disclosed at the trial and would be relevant to the Secretary of State 's decision as to the appropriate period to be served for those purposes ; but that the Secretary of State was not obliged to adopt that judicial view or , if he departed from it , to give reasons for doing so , and that he was entitled to delegate his powers for that purpose to a junior minister within the Home Department ; and that , accordingly , the decisions made by the Secretary of State as to the length of the period each of the applicants should serve before the date of the first review of their sentences should be quashed and that each applicant should be given the opportunity to make written representations after he had been informed of the judicial opinion regarding the period he should serve before review ( post , pp. 963B–C , 969A–C , 973F–H , 974A–B , 977B–D , 979C–F , 980E–G , 981F–G , 983C–D , 984C–E , 985B–C , 986H — 987A , F–G , 988C–E , G–H , 989B–C , D–E , 991B–C , 992F–H , 993B–E , F–G ) . |
13 | Held , allowing the appeals , that the Secretary of State was required to afford to a prisoner serving a mandatory life sentence the opportunity to submit in writing representations as to the period that prisoner should serve for the purposes of retribution and deterrence before the Secretary of State in the exercise of his power under section 61 of the Act of 1967 set the date of the first review of the prisoner 's sentence ; that , before giving the prisoner the opportunity to make representations , the Secretary of State was required to inform him of the period recommended by the judiciary as the period he should serve for the purposes of retribution and deterrence and of any other opinion expressed by the judiciary which had not been disclosed at the trial and would be relevant to the Secretary of State 's decision as to the appropriate period to be served for those purposes ; but that the Secretary of State was not obliged to adopt that judicial view or , if he departed from it , to give reasons for doing so , and that he was entitled to delegate his powers for that purpose to a junior minister within the Home Department ; and that , accordingly , the decisions made by the Secretary of State as to the length of the period each of the applicants should serve before the date of the first review of their sentences should be quashed and that each applicant should be given the opportunity to make written representations after he had been informed of the judicial opinion regarding the period he should serve before review ( post , pp. 963B–C , 969A–C , 973F–H , 974A–B , 977B–D , 979C–F , 980E–G , 981F–G , 983C–D , 984C–E , 985B–C , 986H — 987A , F–G , 988C–E , G–H , 989B–C , D–E , 991B–C , 992F–H , 993B–E , F–G ) . |
14 | The court granted declarations to the following effect : ( a ) that the Secretary of State is not entitled in relation to prisoners serving discretionary life sentences to postpone consultation with the judiciary to a date later than the earliest possible date after the imposition of the sentence ; and ( b ) that in relation to all the applicants , the Secretary of State should fix the date of the first review by the local review committee and the Parole Board strictly in accordance with the period of detention recommended by the judiciary as necessary to meet the requirements of retribution and deterrence . |
15 | Mr. Atkinson 's letter suggests that the initial judicial view is the only view on tariff which he thinks is relied upon for fixing the date of the first review . |
16 | ‘ In respect of all the applicants , a declaration that in carrying out his announced policy under and in relation to section 61(1) of the Criminal Justice Act 1967 in respect of persons serving sentences of life imprisonment imposed in the discretion of the trial judge , the Secretary of State for the Home Department , in determining for how long such a person ought to be detained for punitive purposes should fix the date of the first review by the local review committee and the Parole Board strictly in accordance with a period of detention ( that is to say , the notional determinate sentence less one-third remission ) recommended by the judiciary as necessary to meet the requirements of retribution and deterrence . |
17 | If he is bound by the judicial view in relation to the date of the first review for prisoners serving discretionary life sentences , he is also so bound in relation to those serving mandatory life sentences . |
18 | Moreover , he is told that the date of the first review is related to the length of time the Secretary of State decides he must serve for retribution and deterrence , and that the judicial view as to this period is a factor taken into account in making the decision . |
19 | I conclude that the court should grant declarations in the following terms : ( 1 ) The Secretary of State is required to afford to a prisoner serving a mandatory life sentence the opportunity to submit in writing representations as to the period he should serve for the purposes of retribution and deterrence before the Secretary of State sets the date of the first review of the prisoner 's sentence . |
20 | ‘ the Secretary of State for the Home Department , in determining for how long … a person ought to be detained for punitive purposes , should fix the date of the first review by the local review committee and the Parole Board strictly in accordance with a period of detention … recommended by the judiciary as necessary to meet the requirements of retribution and deterrence . |
21 | In future the advice of the Lord Chief Justice and the trial judge was to be obtained immediately after sentence , whether the life sentence was mandatory or discretionary , but in the latter case the judicial view of the tariff was to determine the date of the first review by the Parole Board machinery . |
22 | By the time of the first review of the Northumberland Structure Plan in 1984 , 64 hectares of this were still available . |