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Whole-life terms 'not wrong in principle', court hears Whole-life terms 'not wrong in principle', court hears
(35 minutes later)
Whole-life terms for some killers are "not manifestly excessive or wrong in principle", the Court of Appeal heard.Whole-life terms for some killers are "not manifestly excessive or wrong in principle", the Court of Appeal heard.
A lawyer for the attorney general said it would be "unduly lenient" not to impose a whole-life term if justified by the "seriousness of the offending".A lawyer for the attorney general said it would be "unduly lenient" not to impose a whole-life term if justified by the "seriousness of the offending".
The Court of Appeal is considering if such sentences are still legally possible.The Court of Appeal is considering if such sentences are still legally possible.
Last year the European Court of Human Rights (ECHR) ruled they must be reviewed at some point.Last year the European Court of Human Rights (ECHR) ruled they must be reviewed at some point.
But the UK government says whole-life tariffs are "wholly justified in the most heinous cases".But the UK government says whole-life tariffs are "wholly justified in the most heinous cases".
James Eadie QC, representing Attorney General Dominic Grieve, told the court that the ECHR judgement did not remove the right of judges to impose a whole-life order - it only raised a question for the state as to whether there should be a later review. James Eadie QC, representing Attorney General Dominic Grieve, said that the Court of Appeal had already set out very clear principles and guidance on how whole-life orders could be imposed.
He said the ECHR judgement did not remove the right of judges to impose a whole-life term - it only raised a question for the state as to whether there should be a later review.
"There is no problem," he said. "Whole-life orders are not in principle or nature incompatible [with the European Convention of Human Rights]."There is no problem," he said. "Whole-life orders are not in principle or nature incompatible [with the European Convention of Human Rights].
"There is no basis for interfering with these sentences.""There is no basis for interfering with these sentences."
Three cases have come to the Court of Appeal, two involving killers on whole-life tariffs, because of last year's controversial European court ruling. Three cases have come to the Court of Appeal.
Lee Newell was already serving a life sentence for murder when he strangled a fellow inmate at Long Lartin Prison. Two killers - Matthew Thomas and Lee Newell - are appealing their whole-life orders.
A second man, Matthew Thomas, murdered one woman before kidnapping and raping another - two months after being released from prison for another rape. The attorney general is separately asking the court to give a third murderer, Ian McLoughlin, a whole-life order, which would replace the 40-year minimum term he received.
The attorney general has previously stated 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 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.
Controversial rulingControversial ruling
The ECHR, in Strasbourg, ruled that there should be some possibility of having sentences reviewed - 25 years into their term at the very latest.The ECHR, in Strasbourg, ruled that there should be some possibility of having sentences reviewed - 25 years into their term at the very latest.
That decision prompted the judge dealing with McLoughlin to sentence him to 40 years, rather than a whole-life term.That decision prompted the judge dealing with McLoughlin to sentence him to 40 years, rather than a whole-life term.
Speaking on BBC Breakfast on Friday, Trisha Bergan - whose son Jerome, 27, was stabbed and killed in 2002 - said: "Sentences are too light. We are victims too. What about our human rights?"Speaking on BBC Breakfast on Friday, Trisha Bergan - whose son Jerome, 27, was stabbed and killed in 2002 - said: "Sentences are too light. We are victims too. What about our human rights?"
Her son's killer, paranoid schizophrenic Aaron Oliver, was jailed for four-and-a-half years for manslaughter on grounds of diminished responsibility.Her son's killer, paranoid schizophrenic Aaron Oliver, was jailed for four-and-a-half years for manslaughter on grounds of diminished responsibility.
Prison law expert Simon Creighton told the programme: "All sentences have to have some ideal of hope."Prison law expert Simon Creighton told the programme: "All sentences have to have some ideal of hope."
Judges can consider a whole-life term in exceptional cases - including those who kill a child for a sexual motive.Judges can consider a whole-life term in exceptional cases - including those who kill a child for a sexual motive.
The outcome of the appeals could determine the future direction of sentencing for the most serious killers in England and Wales, as well as have an impact on the 52 prisoners currently on whole-life terms.The outcome of the appeals could determine the future direction of sentencing for the most serious killers in England and Wales, as well as have an impact on the 52 prisoners currently on whole-life terms.
They include Mark Bridger, convicted of the 2012 sexually-motivated murder of five-year-old April Jones in Powys.They include Mark Bridger, convicted of the 2012 sexually-motivated murder of five-year-old April Jones in Powys.
The appeal court judges' decision, which is expected at a later date, could also affect the terms given to the killers of Fusilier Rigby.The appeal court judges' decision, which is expected at a later date, could also affect the terms given to the killers of Fusilier Rigby.