Key Facts
- •Logan Jackson (LJ) received a life sentence in Ireland for murder on December 21, 2021.
- •LJ was transferred to a UK prison in March 2023 at his request.
- •The UK court must determine LJ's minimum term before early release provisions apply.
- •LJ's offense involved using his car as a weapon to run over and kill Kevin Sheehy.
- •LJ also received a concurrent 7-year sentence for reckless endangerment.
- •LJ had a prior criminal record in the UK.
- •The Irish Parole Act 2019 allows for parole review after 12 years.
- •The UK court considered the Irish sentencing regime and the Convention on the Transfer of Sentenced Persons.
Legal Principles
Section 273 of the Criminal Justice Act 2003 governs the referral of transferred life prisoners' cases to the High Court for minimum term orders.
Criminal Justice Act 2003
Section 321 of the Sentencing Act 2020 dictates that the court must set a minimum term unless a whole life order is required. The minimum term is determined by considering the seriousness of the offense and the effect of remand and bail periods.
Sentencing Act 2020
Schedule 21 to the Sentencing Act 2020 provides starting points for minimum terms in murder cases, considering aggravating and mitigating factors.
Sentencing Act 2020, Schedule 21
The Repatriation of Prisoners Act 1984 implements the UK's obligations under the Council of Europe's Convention on the Transfer of Sentenced Persons, requiring the UK to enforce, and if necessary adapt, sentences from other Convention countries.
Repatriation of Prisoners Act 1984
The UK court must consider the likely minimum term in the transferring state (Ireland) to ensure compatibility with the Convention on the Transfer of Sentenced Persons. The UK court aims to achieve parity with the likely sentence in Ireland, even if a different result would arise under UK law alone.
R v Secretary of State for the Home Department ex p Read [1989] AC 1014, Hull [2011] EWCA Crim 1261, Antar [2022] EWHC 12 (Admin)
Outcomes
A minimum term of 19 years and 192 days was imposed.
This accounts for a 22-year minimum term as if the case were tried in the UK, less 903 days spent on remand, and reflects an assessment of the likely sentence LJ would have served in Ireland, considering the Irish Parole Act 2019 and the seriousness of the offenses.