This article is from the source 'bbc' 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.bbc.co.uk/news/uk-25870832
The article has changed 8 times. There is an RSS feed of changes available.
Version 0 | Version 1 |
---|---|
Judges to hear whole-life term challenges | |
(about 5 hours later) | |
The Court of Appeal is due to hear major challenges to whole-life terms given to some killers. | The Court of Appeal is due to hear major challenges to whole-life terms given to some killers. |
Five leading judges will consider if jail without parole - currently reserved for "exceptionally" serious offences - is still legally possible. | Five leading judges will consider if jail without parole - currently reserved for "exceptionally" serious offences - is still legally possible. |
Last year, the European Court of Human Rights ruled such sentences had to be reviewed at some point. | Last year, the European Court of Human Rights ruled such sentences had to be reviewed at some point. |
The sentencing of the two men who murdered Fusilier Lee Rigby has been postponed until after this appeal. | The sentencing of the two men who murdered Fusilier Lee Rigby has been postponed until after this appeal. |
The Court of Appeal case involves two killers currently serving whole-life tariffs. | The Court of Appeal case involves two killers currently serving whole-life tariffs. |
Lee Newell was already serving a life sentence for murder when he strangled a fellow inmate at Long Lartin Prison. | Lee Newell was already serving a life sentence for murder when he strangled a fellow inmate at Long Lartin Prison. |
The second man, Matthew Thomas, murdered one woman before kidnapping and raping another - two months after being released from prison for another rape. | The second man, Matthew Thomas, murdered one woman before kidnapping and raping another - two months after being released from prison for another rape. |
The judges will also hear a referral from the attorney general that a third killer, Ian McLoughlin, received an unduly lenient sentence after killing someone while on temporary release from prison, where he was already serving a sentence for murder. | The judges will also hear a referral from the attorney general that a third killer, Ian McLoughlin, received an unduly lenient sentence after killing someone while on temporary release from prison, where he was already serving a sentence for murder. |
Controversial ruling | Controversial ruling |
All three cases have come to the Court of Appeal because of a controversial ruling last year by the European Court of Human Rights. | All three cases have come to the Court of Appeal because of a controversial ruling last year by the European Court of Human Rights. |
In a case brought by different killers from the UK, the Strasbourg court said that there should be some possibility of having a sentence reviewed - even if it occurs after many decades. Such a review existed in England and Wales until 2003. | In a case brought by different killers from the UK, the Strasbourg court said that there should be some possibility of having a sentence reviewed - even if it occurs after many decades. Such a review existed in England and Wales until 2003. |
That decision prompted the judge dealing with McLoughlin to sentence him to 40 years, rather than give him a whole-life term. | That decision prompted the judge dealing with McLoughlin to sentence him to 40 years, rather than give him a whole-life term. |
The outcome of the appeals could determine the future direction of sentencing for the most serious killers in England and Wales. | The outcome of the appeals could determine the future direction of sentencing for the most serious killers in England and Wales. |
There are 52 prisoners serving whole-life terms, including Mark Bridger who was convicted of the 2012 sexually-motivated murder of five-year-old April Jones in Powys. | There are 52 prisoners serving whole-life terms, including Mark Bridger who was convicted of the 2012 sexually-motivated murder of five-year-old April Jones in Powys. |
Judges can consider a whole-life term, known as a tariff, in exceptional cases. | Judges can consider a whole-life term, known as a tariff, in exceptional cases. |
The Criminal Justice Act 2003 says that those cases include killers who have previously murdered before or committed acts involving substantial premeditation or sadistic conduct. People who kill a child for a sexual motive also face a whole-life tariff - as does anyone convicted of a terrorism-related murder carried out for ideological reasons. | The Criminal Justice Act 2003 says that those cases include killers who have previously murdered before or committed acts involving substantial premeditation or sadistic conduct. People who kill a child for a sexual motive also face a whole-life tariff - as does anyone convicted of a terrorism-related murder carried out for ideological reasons. |
The five judges hearing the appeal include Lord Thomas, the Lord Chief Justice. Their decision is expected to be delivered on a later date. | The five judges hearing the appeal include Lord Thomas, the Lord Chief Justice. Their decision is expected to be delivered on a later date. |
The outcome of the case may have an impact on all 52 whole life prisoners - but it could also affect the sentences to be given to the two men who murdered Fusilier Lee Rigby. | The outcome of the case may have an impact on all 52 whole life prisoners - but it could also affect the sentences to be given to the two men who murdered Fusilier Lee Rigby. |
Their sentencing has been delayed until the Court of Appeal issues the new guidance. | Their sentencing has been delayed until the Court of Appeal issues the new guidance. |