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Whole-life terms 'not wrong in principle', court hears Whole-life terms 'not wrong in principle', court hears
(about 1 hour 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 legal, with a decision due at a later date.The Court of Appeal is considering if such sentences are still legal, with a decision due at a later date.
Last year the European Court of Human Rights (ECHR) ruled the sentences must be reviewed at some point. Last year the European Court of Human Rights (ECtHR) ruled the sentences 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, said that the Court of Appeal had already set out very clear principles and guidance on how whole-life orders could be imposed. James Eadie QC, representing Attorney General Dominic Grieve QC, 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. He said the ECtHR 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."
The Court of Appeal is considering three cases.
Lee Newell, who murdered child killer Subhan Anwar in prison, is appealing his whole-life order.
The judges are also set to correct the record regarding murderer and rapist Matthew Thomas, who was incorrectly told after his trial that he had been given a whole-life sentence.
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 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 last year that whole-life terms were a breach of human rights, following a successful appeal by murderers Jeremy Bamber, Douglas Vinter and Peter Moore. The Court of Appeal is considering three cases.
The court stipulated that there should be some possibility of having sentences reviewed - 25 years into their term at the very latest. Lee Newell, who murdered child killer Subhan Anwar, while already in prison for another killing. The judges are also set to correct the record regarding murderer and rapist Matthew Thomas, who was incorrectly told after his trial that he had been given a whole-life sentence.
That decision prompted the judge dealing with McLoughlin to sentence him to 40 years, rather than a whole-life term. The attorney general is separately asking the court to give a third murderer, Ian McLoughlin, a whole-life order.
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?" The ECtHR, in Strasbourg, ruled last year that whole-life orders were a breach of human rights, following a successful appeal by murderers Jeremy Bamber, Douglas Vinter and Peter Moore.
Her son's killer, paranoid schizophrenic Aaron Oliver, was jailed for four-and-a-half years for manslaughter on grounds of diminished responsibility. The court said that while it accepted whole life orders could be justified, there should nevertheless be some way of having imprisonment reviewed after 25 years.
Prison law expert Simon Creighton told the programme: "All sentences have to have some ideal of hope." That decision prompted the judge dealing with McLoughlin to sentence him to life with a minimum term of 40 years, rather than a whole-life term.
Judges can consider a whole-life term in exceptional cases - including those who kill a child for a sexual motive. Speaking after the hearing, Mr Grieve said: "This hearing was about preserving the principle that whole life orders can be imposed for particularly heinous and serious crimes. I asked the Court of Appeal to look again at the sentence handed down to Ian McLoughlin as I believed the sentencing judge mistakenly took into account a decision of the European Court of Human Rights which is inconsistent with the domestic legislation and case law by which he was bound.
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. "I believed the seriousness of this case required a whole life order because McLoughlin had a previous conviction for manslaughter in 1984, a conviction for murder in 1992, and because the murder for which he was being sentenced was committed in the course of robbery."
They include Mark Bridger, convicted of the 2012 sexually-motivated murder of five-year-old April Jones in Powys. 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. It may also affect the men convicted of murdering Fusilier Lee Rigby. Their sentencing has been postponed until after the outcome of this appeal.
The appeal court judges' decision could also affect the terms given to the killers of Fusilier Rigby.