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-26236225

The article has changed 8 times. There is an RSS feed of changes available.

Version 4 Version 5
Court of Appeal upholds principle of whole-life prison terms Court of Appeal upholds principle of whole-life prison terms
(about 2 hours later)
The Court of Appeal has upheld judges' rights to jail the most serious offenders for the rest of their lives. The Court of Appeal has upheld judges' rights to jail the most serious offenders in England and Wales for the rest of their lives.
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.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.
It also dismissed an appeal by murderer Lee Newell that his whole-life order had been "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 European Court of Human Rights had ruled such terms breached human rights.
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's ruling was welcomed by the attorney general and the justice secretary.
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. 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.
'So heinous'
Under current law, whole-life tariffs can be given for "exceptionally" serious offences. They prevent offenders from ever being eligible for a parole review or release, unless at the discretion of the justice secretary.
Ruling on Tuesday, Lord Chief Justice Lord Thomas said some crimes were "so heinous" that Parliament was entitled to allow whole-life orders "entirely compatibly" with the European Convention on Human Rights.
"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."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. Lord Thomas dismissed the appeal, saying the murder had been "premeditated and involved the use of an improvised weapon".
Newell's lawyers had challenged his whole-life order for murdering child killer Subhan Anwar while already in prison for another killing. Ian McLoughlin killed Graham Buck, 66, in Hertfordshire in 2012, while on prison day-release from another murder sentence. Mr Buck had gone to the aid of a neighbour who was being burgled.
Ruling on the McLoughlin case, the Court of Appeal said the sentencing judge had been "in error" in thinking he did not have the power to make a whole-life order in the wake of the Strasbourg court's ruling.
Lord Thomas said the seriousness of the case - which had been referred to the Court of Appeal by Attorney General Dominic Grieve - was "exceptionally high" and 40 years was unduly lenient.
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 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.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. But the panel of five judges at the Court of Appeal ruled that the Strasbourg court had been wrong when it reached a conclusion that the law of England and Wales did not clearly provide for "reducibility".
The case was referred to the Court of Appeal by Attorney General Dominic Grieve to rule whether it should be increased. They said a power of review arose if there were "exceptional circumstances" whereby the offender could appeal to the Secretary of State.
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". "In our judgment the law of England and Wales therefore does provide to an offender 'hope' or the 'possibility' of release in exceptional circumstances which render the just punishment originally imposed no longer justifiable," Lord Thomas said.
"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. Mr Grieve said he was "pleased" with the court's ruling.
"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. He did not think the Strasbourg court had said anything "which prevented our courts from handing down whole life terms in the most serious cases", 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". "Today's judgment gives the clarity our judges need when they are considering sentencing cases like this in the future," he said.
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. Justice Secretary Chris Grayling also welcomed the decision as upholding the law that the UK Parliament had passed.
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. There are currently 52 prisoners on whole-life terms in England and Wales, including Moors Murderer Ian Brady and serial killer Rosemary West.
In December the judge in the Lee Rigby murder trial said he would wait for the decision by the Court of Appeal 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.