header-logo header-logo

05 December 2012 / Hle Blog
Issue: 7541 / Categories: Blogs
printer mail-detail

The meaning of life

HLE Blogger Sarah Lewis explores the debate surrounding whole life tariffs

Last month, the Court of Appeal considered the issue of whole life tariffs, which in three separate cases heard together were appealed on the basis that whole life orders were incompatible with Art 3 of the European Convention of Human Rights, which prohibits torture and inhuman or degrading treatment and punishment.

Although the panel, comprising the Lord Chief Justice and four appellate judges, overturned the whole life tariff for murderer Danilo Restivo and rapists Michael Roberts and David Simmons, they upheld the sentence for killer David Oakes. Their ruling, which comes just prior to the appeal by Jeremy Bamber and two other murderers to overturn their whole life tariffs at the Grand Chamber of the European Court of Human Rights, sends a signal to the Strasbourg that the courts in England and Wales are content that power to jail someone forever is, in some instances, justified.

Lord Judge stated that it was open to the individual state to make statutory provision for the imposition of a whole life minimum term and, if appropriate, as a matter of judicial discretion, for the court to make such an order; it was not for the European Court to intervene. In the UK, Parliament has legislated to enable judges to impose whole life sentences without the possibility of release, which for would be appropriate where punishment and retribution required detention for life in the literal sense.

So who do whole life tariffs apply to? They are, and should remain the court held, reserved for the few exceptionally serious offences committed by offenders judged to be the most dangerous to society. Currently 46 offenders are subject to whole life orders. Unlike other life term prisoners, they are not eligible for release on licence if, after their minimum term, they can prove that they are no longer a risk to society...

Rightly or wrongly, such offenders can wind up languishing in prison with no hope of ever being able to demonstrate that they are no longer a danger to society: life really meaning life…”

To continue reading go to: www.halsburyslawexchange.co.uk

Issue: 7541 / Categories: Blogs
printer mail-details

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll