Facts
- Anderson received a mandatory life sentence for murder.
- The Home Secretary, pursuant to statutory powers, set Anderson's minimum term of imprisonment.
- Anderson argued this process violated his right to a fair trial by an independent court under Article 6 of the European Convention on Human Rights.
- Both the High Court and Court of Appeal dismissed Anderson’s claim.
- The House of Lords granted leave to appeal, considering the case’s constitutional significance concerning the separation of powers.
Issues
- Whether the Home Secretary’s involvement in setting minimum terms for mandatory life sentences contravened Article 6(1) of the European Convention on Human Rights by denying an independent and impartial tribunal.
- Whether sentencing functions relating to the determination of minimum terms for life sentences must be exercised exclusively by the judiciary, not the executive.
Decision
- The House of Lords found that the Home Secretary’s role in setting minimum terms for life sentences violated Article 6(1) ECHR.
- The court held that sentencing is a judicial responsibility and must be performed by an impartial court, not the executive.
- It was affirmed that while the executive may set general sentencing guidelines, the application of those guidelines to individual cases falls within the exclusive jurisdiction of the judiciary.
- The judgment limited the Home Secretary’s authority in setting sentence durations, upholding the separation of powers and judicial independence.
Legal Principles
- Article 6(1) ECHR requires that criminal punishment be determined by an independent and impartial tribunal established by law.
- The separation of powers mandates that judicial, executive, and legislative functions remain distinct, preventing overreach by governmental branches.
- Executive bodies cannot undertake judicial duties such as individual sentencing in criminal matters.
Conclusion
The decision in R (Anderson) v Home Secretary established that sentencing powers must reside with the judiciary to ensure a fair trial, reinforcing the separation of powers and judicial independence in the United Kingdom’s constitutional structure.