Auszug aus EGMR, 25.08.2009 - 39586/05

The applicant submitted that his case was virtually identical, legally and factually, to that examined in Easterbrook v. the United Kingdom, no. 48015/99, 12 June 2003, in which the Court had concluded that the sentencing arrangements were in breach of Article 6 § 1. The re-setting of his tariff was not, as the House of Lords had held, akin to a procedure of appeal or review.

The Court would first observe that the procedure before the Lord Chief Justice came within the scope of Article 6 § 1, which, in criminal matters, applies to all stages of the proceedings in issue (Easterbrook v. the United Kingdom, no. 48015/99, § 26, 12 June 2003).

Auszug aus EGMR, 25.08.2009 - 39586/05

Following the Court's judgments in T. v. the United Kingdom [GC], no. 24724/94 and V. v. the United Kingdom [GC], no. 24888/94, both ECHR 1999-IX, which held that the setting of a tariff for a juvenile detained at Her Majesty's pleasure was a sentencing exercise that engaged Article 6 § 1 of the Convention and therefore should not be done by ministers, the Secretary of State announced to Parliament on 13 March 2000 that he would bring forward legislation to provide for tariffs to be set by the trial judge in open court, in the same way as they were already being set for adults subject to discretionary life sentences.

Auszug aus EGMR, 25.08.2009 - 39586/05

Following the Court's judgments in T. v. the United Kingdom [GC], no. 24724/94 and V. v. the United Kingdom [GC], no. 24888/94, both ECHR 1999-IX, which held that the setting of a tariff for a juvenile detained at Her Majesty's pleasure was a sentencing exercise that engaged Article 6 § 1 of the Convention and therefore should not be done by ministers, the Secretary of State announced to Parliament on 13 March 2000 that he would bring forward legislation to provide for tariffs to be set by the trial judge in open court, in the same way as they were already being set for adults subject to discretionary life sentences.

Auszug aus EGMR, 25.08.2009 - 39586/05

It recalls that the manner of application of Article 6 to appellate proceedings, or similar, depends on their special features; account must be taken of the entirety of the proceedings in the domestic legal order and of the role of the appellate court therein (see Bazo González v. Spain, no. 30643/04, § 30, 16 December 2008, also Hermi v. Italy [GC], no. 18114/02, § 60, ECHR 2006-...).

Auszug aus EGMR, 25.08.2009 - 39586/05

It recalls that the manner of application of Article 6 to appellate proceedings, or similar, depends on their special features; account must be taken of the entirety of the proceedings in the domestic legal order and of the role of the appellate court therein (see Bazo González v. Spain, no. 30643/04, § 30, 16 December 2008, also Hermi v. Italy [GC], no. 18114/02, § 60, ECHR 2006-...).