Queen v Wallace & Anor

[1]������� On 10 April 2013 the defendants pleaded guilty to the murder of Michael McIlveen on 8 May 2006. On a conviction for murder the sentence is prescribed by law as being life imprisonment.�

[2]������� I must now determine whether to impose a minimum term of imprisonment to be served before the defendants can be considered for release. The present procedure was introduced by the Life Sentences (Northern Ireland) Order 2001, which came into force on 8 October 2001.�� Where a Court passes a life sentence the Court may specify a part of the sentence to be served before the prisoner can be considered for release. This period may be described as the tariff or the minimum term.

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

(i)������� The Court shall 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 and the release provisions will not apply. In effect the Court determines the future date, if any, on which the person convicted of murder will be considered for release on licence.

(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.