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R v Anderson

[2002] 4 All ER 1089

Case summary last updated at 07/01/2020 13:10 by the Oxbridge Notes in-house law team.

Judgement for the case R v Anderson

 P claimed that it was contrary to art.6 for the sec of state to set the minimum mandatory prison sentence. HL agreed, but said that since legislation specifically intended to give the sec of state this power, all it could do was issue a s.4 declaration of incompatibility. It said that since the setting of the prison term was as much a part of the trial as sentence, and since the sec of state couldn’t be considered an “independent and impartial tribunal” as a member of the exec, this arrangement was contrary to art.6. 

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