Changes to procedure as a result of the Hammond Judgment
On 25 November 2004, in the case of Hammond [CO/3775/04; Neutral Citation Number: [2004] EWHC (Admin) 2753], the Divisional Court considered the provisions of the Schedule. The Court concluded that the statute did allow for an oral hearing where the High Court Judge considered it was appropriate. The Court stressed that such a hearing would only be necessary in rare and unusual circumstances. It stated that “There will be rare cases where oral representations may be required and even rarer cases where oral evidence may be required. It will be for the Judge in each case to decide whether such evidence or such representations are required, depending on a close examination of the issue or issues that have to be decided by him in the proceedings, the full written materials available and submitted and the nature of the oral hearing required.”
The Divisional Court set out the procedure to be followed where a prisoner considers that oral evidence or oral representations are required in the specific circumstances of his/her case:-
i) at the time of submitting representations in relation to the minimum term to be set by the High Court, a separate written application for a hearing should be made, setting out precisely the reasons why oral evidence or oral representations are required in addition to the full written representations on the merits which have been submitted.
ii) The Judge will then determine whether an oral hearing is required. If he decides one is not required, he will proceed to determine the case on the basis of the written materials and representations as to the merits before him.
iii) Where the Judge decides that an oral hearing is required, the prisoner and his/her legal representatives will be notified and an oral hearing will be arranged.
The Secretary of State has indicated that he will seek to appeal against the decision of the Divisional Court. The House of Lords will consider that application for permission shortly. The procedure set out above should be undertaken in the knowledge that the decision of the Divisional Court may be reversed.
The Life Imprisonment Minimum Terms Section
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