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UK: Home Secretary's tariff setting violates fair trial

01 November 2002

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A declaration of incompatibility was made unanimously by the House of Lords on the application of Anthony Anderson in relation to the tariff setting powers (power of the Home Secretary to decide how long a prisoner sentenced to life for murder should serve before being eligible for parole) of the Home Secretary. The Law Lords held that the power violated the guarantee of a fair trial by an impartial court independent of the executive. The European Court of Human Rights had already stripped the Home Secretary of equivalent powers in cases of life for crimes other than murder. Guardian 25.11.02.

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