QUEEN'S BENCH DIVISION
Strand, London, WC2A 2LL
B e f o r e :
|On review of the tariff in the case of RYAN STEPHEN HERBERT|
Crown Copyright ©
The Hon. Mr Justice Langstaff
"The requirements of the welfare of the offender must be taken into account when deciding for how long a young person sentenced to detention during Her Majesty's Pleasure should remain in custody. Those requirements will change, depending upon the development of that young person while in custody. Accordingly, even if a provisional tariff is set to reflect the elements of punishment and deterrence, the position of the offender must be kept under review before the provisional tariff period has expired."
The Criteria for Review
"(1) An exemplary work and disciplinary record in prison
(2) Genuine remorse and accepted an appropriate level of responsibility for the part played in the offence.
(3) The ability to build and maintain successful relationships with fellow prisoners and prisons staff; and
(4) Successful engagement in work (including offending behaviour/offence-related courses) with a result in substantial reduction in areas of risk"
But add that:
"to reach the threshold of exceptional progress there would also need to be some extra element to show that the detainee had assumed responsibility and shown himself to be trustworthy when given such responsibility. Such characteristics may well be demonstrated by the detainee having done good works for the benefit of others".
There should be evidence of those factors having been sustained over a lengthy period and in more than one prison.
Evidence relevant to this review
Representations on the Applicant's Behalf