header-logo header-logo

The meaning of life

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

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

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
back-to-top-scroll