Ratio Decidendi
The automatic life sentence provisions under s 2 Crime (Sentences) Act 1997 should be read compatibly with Article 5 ECHR. A life sentence is not required where the offender does not pose a significant risk to the public, even where the statutory criteria are met.
ਤੱਥ
Several appeals were heard together concerning the mandatory life sentence for a second serious offence under s 2 of the 1997 Act.
ਫੈਸਲੇ ਦਾ ਸਾਰ
Lord Woolf CJ held the provision should be interpreted using s 3 HRA 1998 to require a significant risk assessment. An automatic life sentence was arbitrary and disproportionate where the offender posed no significant risk.
ਮੁੱਖ ਹਵਾਲੇ
"If the offender is a significant risk to the public, a life sentence is justified. If he is not, a life sentence is arbitrary and disproportionate."
— Lord Woolf CJ
ਬਾਅਦ ਦਾ ਇਲਾਜ
Key example of reading down a statute under s 3 HRA 1998 to achieve Convention compatibility.
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