O'Neilll, R v

[3] It should be emphasised that the Court, in specifying part of the sentence, is not setting a release date. The procedure under the 2001 Order is that �

(i) The Court may specify the part of the sentence to be served before the release provisions apply. The Court has the option of not specifying any part of the sentence. In effect the Court determines the future date on which you will be considered for release on licence, or parole as it now seems to be popularly described.

(ii) The part of the sentence specified by the Court "shall be such part as the court considers appropriate to satisfy the requirements of retribution and deterrence having regard to the seriousness of the offence, or of the combination of the offence and one or more offences associated with it." The minimum term is intended to reflect the seriousness of the offence, rather than the risk posed by the offender.

(iii) The minimum term, unlike other determinate sentences, is not subject to normal remission rules where prisoners may receive remission of one half of the stated sentence. A minimum term of say 12 years specified in respect of a life sentence is the equivalent of a determinate sentence of 24 years on which full remission is earned.

(iv) After the specified part of the sentence has been served the Parole Commissioners will direct your release if "satisfied that it is no longer necessary for the protection of the public from serious harm that the prisoner should be confined". Accordingly, future risk to the public determines the release date, after completion of the period served for retribution and deterrence.