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Judges to hear whole-life term challenges Judges to hear whole-life term challenges
(about 3 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 rulingControversial 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. The Strasbourg court said that there should be some possibility of having a sentence reviewed - even if it occurs after many decades.
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 a whole-life term.
Trisha Bergan's son Jerome, 27, was stabbed and killed in 2002 by paranoid schizophrenic Aaron Oliver, who was later jailed for four-and-a-half years for manslaughter on grounds of diminished responsibility.
"Sentences are too light," she told BBC Breakfast. "We are victims too. What about our human rights?"
But prison law expert Simon Creighton told the programme: "All sentences have to have some ideal of hope."
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 - 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 in exceptional cases - including those who kill a child for a sexual motive.
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 judges' decision, which is expected at a later date, may have an impact on all 52 whole-life prisoners.
The five judges hearing the appeal include Lord Thomas, the Lord Chief Justice. Their decision is expected to be delivered on a later date. It could also affect the terms given to the two men who murdered Fusilier Lee Rigby, whose sentencing has been delayed until the Court of Appeal issues the new guidance.
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.