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 John Andrew Skidmore Referral

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Number of posts : 399
Location : Glasgow
Registration date : 2008-09-03

John Andrew Skidmore Referral Empty
PostSubject: John Andrew Skidmore Referral   John Andrew Skidmore Referral EmptyMon Jan 26, 2009 1:00 am

Following the judgment of the Privy Council in the decision of Flynn v HMA (PC) 2004
SCCR 281, and the subsequent decision of the High Court in Flynn v HMA (No. 2) 2004
SCCR 702, the Commission has referred the following case to the High Court for the
reconsideration of the punishment part of his life sentence, previously set under the
Convention Rights (Compliance) (Scotland) Act 2001 (hereinafter “the 2001 Act”):
o Mr John Andrew Skidmore – convicted at Edinburgh High Court on 18 May 1999 and
sentenced to life imprisonment. A punishment part of 13 years was set.
The 2001 Act specifies that the High Court should set a part of the sentence for life prisoners
to be known as the “punishment part”. This punishment part should be the period considered
necessary for the purposes of deterrence and retribution; prisoners must serve this period
before their release on licence can be considered by the parole board.
As a consequence of the judicial guidance provided in the Flynn judgments, the Commission
has decided to refer these cases as they may be within a category of prisoners affected by the
changes in the interpretation of the transitional provisions of the 2001 Act. These provisions
apply to mandatory life prisoners sentenced to life imprisonment on or before 8 October 2001
(on which date the 2001 Act came into force).
The Commission has therefore referred this cases back to the High Court in order that the
punishment part can be reconsidered in light of the recent interpretation of the relevant
provisions of the 2001 Act.
Notes for
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