This article is from the source 'guardian' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.

You can find the current article at its original source at http://www.theguardian.com/law/2014/jan/09/whole-life-sentences-justified-council-europe-human-rights

The article has changed 2 times. There is an RSS feed of changes available.

Version 0 Version 1
Whole-life sentences wholly justified, government tells Council of Europe Whole-life sentences wholly justified, government tells Council of Europe
(35 minutes later)
Murderers and those convicted of serious offences should still be given whole-life sentences in British courts, the government has told the European court of human rights.Murderers and those convicted of serious offences should still be given whole-life sentences in British courts, the government has told the European court of human rights.
In its latest act of defiance against the Strasbourg court's rulings, UK ministers have said the government will not grant inmates the right to a review of lifetime terms of imprisonment imposed on them.In its latest act of defiance against the Strasbourg court's rulings, UK ministers have said the government will not grant inmates the right to a review of lifetime terms of imprisonment imposed on them.
The formal note sent to the Council of Europe, which oversees enforcement of ECHR judgments, suggests that the issue could become as protracted and entangled with Eurosceptic, political sentiment as the long-running row over prisoner voting. The next move is likely to involve British ministers trying to persuade their European counterparts on the Council of Europe that the Strasbourg court is exceeding its jurisdiction by becoming too prescriptive about reshaping the fine detail of every country's criminal justice system. The formal note sent to the Council of Europe, which oversees enforcement of ECHR judgments, suggests that the issue could become as protracted and entangled with Eurosceptic, political sentiment as the long-running row over prisoner voting.
The government was under an obligation to respond within six months to a decision made last July by the upper chamber of the ECHR that whole-life tariffs given to three convicted killers Jermy Bamber, Douglas Vintner and Peter Moore breached their human rights. The court concluded that whole-life terms without any prospect of release or review amount to inhuman and degrading treatment. The next move is likely to involve British ministers trying to persuade their European counterparts on the Council of Europe that the Strasbourg court is exceeding its jurisdiction by becoming too prescriptive about reshaping the fine detail of every country's criminal justice system.
The government was under an obligation to respond within six months to a decision made last July by the upper chamber of the ECHR that whole-life tariffs given to three convicted killers – Jermy Bamber, Douglas Vintner and Peter Moore – breached their human rights. The court concluded that whole-life terms without any prospect of release or review amount to inhuman and degrading treatment.
The key section of the UK note sent to Strasbourg merely states that: "Consideration as to what steps may be necessary as a result of the judgment is currently under way. No final decisions on those issues have yet been taken."The key section of the UK note sent to Strasbourg merely states that: "Consideration as to what steps may be necessary as a result of the judgment is currently under way. No final decisions on those issues have yet been taken."
But it also alludes to the fact that later this month the UK's Court of Appeal will consider sentences imposed on four others in which lawyers for the government will argue that those convicted of serious offences can still be given whole life terms without the prospect of release. But it also alludes to the fact that later this month the UK's court of appeal will consider sentences imposed on four others in which lawyers for the government will argue that those convicted of serious offences can still be given whole-life terms without the prospect of release.
In a separate statement, a Ministry of Justice spokesperson said: "The government has responded to the Council of Europe, noting the court's judgment. We are clear that this raises important issues, on which parliament and the public has strong views, and that our response should not be rushed.In a separate statement, a Ministry of Justice spokesperson said: "The government has responded to the Council of Europe, noting the court's judgment. We are clear that this raises important issues, on which parliament and the public has strong views, and that our response should not be rushed.
"The government remains firmly of the view that whole-life tariffs are wholly justified in the most heinous cases, and that they should continue to be available to the courts. We will be strenuously arguing in the Court of Appeal [in other related cases] that a judge can and must impose a whole life order in cases such as these." "The government remains firmly of the view that whole-life tariffs are wholly justified in the most heinous cases, and that they should continue to be available to the courts. We will be strenuously arguing in the court of appeal [in other related cases] that a judge can and must impose a whole life order in cases such as these."
This stance is at odds with comments made last week by David Cameron in which he endorsed US-style prison terms of a hundred years or more. His intervention implied that the government would defy the spirit of the proposed reforms while accepting the ECHR's precise legal requirements.This stance is at odds with comments made last week by David Cameron in which he endorsed US-style prison terms of a hundred years or more. His intervention implied that the government would defy the spirit of the proposed reforms while accepting the ECHR's precise legal requirements.
One of the whole-life cases to be heard at the Court of Appeal later this month involves Mark Bridger, 47, who was sentenced in May last year for the murder of five-year-old Welsh girl April Jones. His lawyers maintain that following the ECHR ruling his prison term is illegal. One of the whole-life cases to be heard at the court of appeal later this month involves Mark Bridger, 47, who was sentenced in May last year for the murder of five-year-old April Jones. His lawyers maintain that following the ECHR ruling his prison term is illegal.
Another case has been brought by the attorney general, Dominic Grieve QC, who is due to appeal against a 40-year sentence imposed at the Old Bailey last October on Ian McLoughlin, 55 – who admitted killing a man in Hertfordshire while on day release from prison – on the grounds that it is unduly lenient. It will be argued that a whole-life tariff would have been more appropriate.Another case has been brought by the attorney general, Dominic Grieve QC, who is due to appeal against a 40-year sentence imposed at the Old Bailey last October on Ian McLoughlin, 55 – who admitted killing a man in Hertfordshire while on day release from prison – on the grounds that it is unduly lenient. It will be argued that a whole-life tariff would have been more appropriate.
The Conservative party is due to publish a pre-election manifesto on its policy towards the ECHR in the coming weeks. It is expected to say that a future Tory administration after 2015 would remove Strasbourg's ability to overrule the UK's supreme court.The Conservative party is due to publish a pre-election manifesto on its policy towards the ECHR in the coming weeks. It is expected to say that a future Tory administration after 2015 would remove Strasbourg's ability to overrule the UK's supreme court.
Our editors' picks for the day's top news and commentary delivered to your inbox each morning.Our editors' picks for the day's top news and commentary delivered to your inbox each morning.