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Court of Appeal upholds principle of whole-life prison terms Court of Appeal upholds principle of whole-life prison terms
(35 minutes later)
The Court of Appeal has upheld the principle of whole-life prison terms in two cases involving murderers. The Court of Appeal has upheld judges' rights to jail the most serious offenders for the rest of their lives.
The court increased a 40-year tariff on murderer Ian McLoughlin to a whole-life tariff, after the trial judge had said he was unable to pass that sentence. The court increased a 40-year tariff on murderer Ian McLoughlin to a whole-life tariff, after his trial judge had said he was unable to pass such a sentence.
They also dismissed an appeal by murderer Lee Newell that his whole-life order was "manifestly excessive". It also dismissed an appeal by murderer Lee Newell that his whole-life order had been "manifestly excessive".
The rulings come seven months after the European Court of Human Rights ruled such terms should be reviewed.The rulings come seven months after the European Court of Human Rights ruled such terms should be reviewed.
In a judgment last July, the court in Strasbourg ruled the terms breached a prisoner's human rights, following a successful appeal by convicted murderers Jeremy Bamber, Douglas Vinter and Peter Moore. Ruling on Tuesday, Lord Chief Justice Lord Thomas said there may be debate in a democratic society as to whether a judge "should have the power to make a whole-life order".
The court said that while it accepted whole-life orders could be justified, there should nevertheless be some way of having a sentence reviewed after 25 years. However, he said, some crimes were "so heinous" that Parliament was entitled to allow whole-life orders "entirely compatibly" with the European Convention on Human Rights.
That decision prompted the judge dealing with McLoughlin - who murdered a man when on day release - to sentence him to life with a minimum term of 40 years, rather than a whole-life term. "Judges should therefore continue as they have done to impose whole-life orders in those rare and exceptional cases" which involve whole-life terms, he said.
However, he said it was "likely to be rare that the circumstances will be such that a whole-life order is required" and the two cases were "exceptional and rare cases of second murders committed by persons serving the custodial part of a life sentence".
Newell's lawyers had challenged his whole-life order for murdering child killer Subhan Anwar while already in prison for another killing.
The European Court of Human Rights said last year that whole-life terms breached a prisoner's human rights and there should be some way of having a sentence reviewed after 25 years.
The ruling following a successful appeal by convicted murderers Jeremy Bamber, Douglas Vinter and Peter Moore.
And after its ruling, the judge dealing with McLoughlin - who murdered a man when on day release - sentenced him to life with a minimum term of 40 years, rather than a whole-life term.
The case was referred to the Court of Appeal by Attorney General Dominic Grieve to rule whether it should be increased.The case was referred to the Court of Appeal by Attorney General Dominic Grieve to rule whether it should be increased.
The court also considered the case of Newell, who challenged his whole-life order for murdering child killer Subhan Anwar while already in prison for another killing. Reacting to Tuesday's ruling, Mr Grieve said he was "pleased" the court had "confirmed those who commit the most heinous crimes can be sent to prison for the rest of their lives".
His lawyers had argued that if he was given a 40-year minimum he would have the "flickering possibility that one day when he is 85 he will be released from prison". "I asked the Court of Appeal to look again at McLoughlin's original sentence because I did not think that the European Court of Human Rights had said anything which prevented our courts from handing down whole life terms in the most serious cases.
"The Court of Appeal has agreed with me and today's judgment gives the clarity our judges need when they are considering sentencing cases like this in the future," he said.
Justice Secretary Chris Grayling also welcomed the decision as "timely", saying courts in England and Wales "should be able to send the most brutal murderers to jail for the rest of their lives".
Sentencing in a number of high-profile criminal cases - including the terms to be handed out to soldier Lee Rigby's murderers - had been put on hold pending the judgement.Sentencing in a number of high-profile criminal cases - including the terms to be handed out to soldier Lee Rigby's murderers - had been put on hold pending the judgement.
In that case the judge said he would wait for the decision before passing sentence on Michael Adebolajo and Michael Adebowale, who were convicted in December of killing Fusilier Rigby in Woolwich, south-east London, in May last year.In that case the judge said he would wait for the decision before passing sentence on Michael Adebolajo and Michael Adebowale, who were convicted in December of killing Fusilier Rigby in Woolwich, south-east London, in May last year.