QUEEN'S BENCH DIVISION
Strand, London, WC2A 2LL
B e f o r e :
Crown Copyright ©
Covid-19 Protocol: This judgment was handed down by the judge remotely by circulation to the parties' representatives by email and release to BAILII. The date and time for hand-down is deemed to be 20th July 2020 at 09:45am.
MR JUSTICE HILLIARD:
"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 a review in case the requirements of his welfare justify release before the provisional tariff period has expired."
1. The prisoner has made exceptional progress during the sentence, resulting in a significant alteration in maturity and attitude since the commission of the offence;
2. There is a risk to the prisoner's continued development that cannot be significantly mitigated or reduced in the custodial environment;
3. There is a new matter which calls into question the basis of the original decision to set the tariff at a particular level.
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 prison staff;
4. Successful engagement in work (including offending behaviour/offence-related courses)."