## 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

1. 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.
2. 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.

R (Anderson) v Secretary of State for the Home Department [2002] UKHL 46 [2003] 1 AC 837 (HL)