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Whole-life sentences: 'Life means life' for worst offenders ruled legal by Court of Appeal Whole-life sentences: 'Life means life' for worst offenders ruled legal by Court of Appeal
(35 minutes later)
Britain's stance on "life means life" sentences for the worst criminal offenders has been upheld today at the Court of Appeal, despite opposition from the European Court of Human Rights. The principle of whole-life jail sentences forkillers was backed today by judges following a clash between Britain and theEuropean Court of Human Rights.
A panel of five leading judges, headed by the Lord Chief Justice Lord Thomas, announced their decision in London this morning that controversial whole-life orders should remain legal in the UK. A panel of five judges at the Court of Appeal backed the Government’s argument that “life should mean life” in the “most heinous cases”. Seven months ago the Strasbourg-based human rights court had said all convictions should be reviewed after 25 years regardless of the offences committed.
Sentencing in a number of high-profile criminal cases had been put on hold - including the terms to be handed out to soldier Lee Rigby's murderers - pending today's judgement. The impasse meant that sentencing in several high-profile criminal cases had been put on hold, including the terms to be handed out to soldier Lee Rigby's murderers, pending the judgment.
Today, the judges also increased the sentence being served by Ian McLoughlin, who murdered a man while on day release, from 40 years to a whole-life tariff. Lord Chief Justice Lord Thomas, who headed the panel, said the court had held that the ability of judges to pass whole-life orders was "entirely compatible" with the European Convention on Human Rights.
And they rejected an appeal against the whole-life sentence of Lee Newell, who murdered a child killer while in prison. "Judges should therefore continue as they have done to impose whole-life orders in those rare and exceptional cases which fall within the statutory scheme.
Justice Secretary Chris Grayling welcomed the "timely" decision, saying: "Our courts should be able to send the most brutal murderers to jail for the rest of their lives. Lee Newell: a panel of five judges headed by the Lord Chief Justice Lord Thomas dismissed an appeal by Newell, who murdered a child killer while in prison, against the whole-life order made in his case The court increased the 40-year minimum prison term being served by killer Ian McLoughlin, who murdered a man while on day release, to a whole-life tariff.
"I think people in Britain will be glad that our courts have disagreed with the European Court of Human Rights, and upheld the law that the UK Parliament has passed." It also dismissed an appeal by Lee Newell, who murdered a child killer while in prison for another murder, against the whole-life order imposed in his case.
At an earlier hearing in January the Government urged judges to find that imposing sentences which mean a prisoner can never be released are not "manifestly excessive or wrong in principle". Reacting to the ruling, the Attorney General Dominic Grieve tweeted: "I am pleased CoA (Court of Appeal) has confirmed those who commit the most heinous crimes can be sent to prison for the rest of their lives.”
Lee Newell: a panel of five judges headed by the Lord Chief Justice Lord Thomas dismissed an appeal by Newell, who murdered a child killer while in prison, against the whole-life order made in his case It said that whole-life tariffs are "wholly justified in the most heinous cases". Ian McLoughlin: Court of Appeal judges in London increased his 40-year minimum prison term for murdering a man while on day release to a whole-life tariff The Conservative MP Dominic Raab said: “The UK courts have definitively rejected the ludicrous ruling from Strasbourg demanding the most dangerous criminals are given the chance to be freed. It is a victory for common sense and democracy - and shows the government is right to fight the human rights mission creep tooth and nail.”
Adding his own reaction to today's ruling, the Attorney General Dominic Grieve wrote on Twitter: "I am pleased the Court of Appeal has confirmed those who commit the most heinous crimes can be sent to prison for the rest of their lives." Forty-nine English prisoners are currently serving whole-life sentences. The latest to receive the terms are the serial killer Dale Cregan, jailed last year for the murders of four people including policewomen Nicola Hughes and Fiona Bone in Manchester, and Mark Bridger who killed five-year old April Jones, from Machynlleth, Powys, in 2012.
Mr Grieve said: "As someone who has killed three times, Ian McLoughlin committed just such a crime, and following today's judgment he has received the sentence that crime required. In the case of McLoughlin, the judges heard earlier that he was aware of the proceedings but did not wish for any argument or representations to be made on his behalf.
"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." Lee Rigby's murderers Michael Adebolajo and Michael Adebowale His stance was explained to the court by barrister Kevin McCartney, who said McLoughlin had not considered the legal aspect, but had approached it from a "purely personal" perspective.
Ian McLoughlin: Court of Appeal judges in London increased his 40-year minimum prison term for murdering a man while on day release to a whole-life tariff Today's ruling will likely be of most immediate significance to the upcoming sentencing of  Michael Adebolajo and Michael Adebowale, the convicted killers of soldier Lee Rigby.
No date has yet been fixed for that hearing, though Mr Justice Sweeney had said that he would wait to sentence until after the Court of Appeal's decision.
The European Court of Human Rights (ECHR) had deemed whole-life terms to be a breach of human rights following a successful appeal by murderers Jeremy Bamber, Douglas Vinter and Peter Moore.
Last year the trio won a ruling that their sentences amount to "inhuman and degrading treatment".
The Grand Chamber of the Strasbourg-based court said whole-lifers should be entitled to a review of their sentence 25 years into their term at the very latest, in a ruling which sparked further outrage among critics of the court.
But today Lord Thomas said the court found Parliament's statutory scheme for whole-life tariffs was "entirely compatible" 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 fall within the statutory scheme," he said.
Lee Rigby's murderers Michael Adebolajo and Michael Adebowale In the case of McLoughlin, the judges heard earlier that he was aware of the proceedings but did not wish for any argument or representations to be made on his behalf.
His stance was explained to the court by barrister Kevin McCartney, who said McLoughlin had not considered the legal aspect, but had approached it from a "purely personal" perspective.
Triple killer McLoughlin, 55, was jailed for life at the Old Bailey last October for stabbing a man on his first day-release from prison after 21 years in custody.Triple killer McLoughlin, 55, was jailed for life at the Old Bailey last October for stabbing a man on his first day-release from prison after 21 years in custody.
When sentencing McLoughlin, the trial judge imposed a 40-year tariff, saying he could not pass a whole-life term because of the European court ruling.When sentencing McLoughlin, the trial judge imposed a 40-year tariff, saying he could not pass a whole-life term because of the European court ruling.
On behalf of Newell, Joe Stone QC, in seeking permission to appeal against sentence, had said that a whole-life term was "manifestly excessive". Jeremy Bamber has been fighting against whole-life jail terms On behalf of Newell, Joe Stone QC, in seeking permission to appeal against sentence, had said that a whole-life term was "manifestly excessive".
Jeremy Bamber has been fighting against whole-life jail terms He was convicted alongside Gary Smith for the February 2013 murder of convicted child killer Anwar in his cell at Long Lartin Prison, Worcestershire. Newell was already serving a life sentence for a previous murder committed in 1988. He was convicted alongside Gary Smith for the February 2013 murder of convicted child killer Anwar in his cell at Long Lartin Prison, Worcestershire. Newell was already serving a life sentence for a previous murder committed in 1988.
Those currently serving whole-life terms in England and Wales include Moors Murderer Ian Brady, who tortured and murdered children along with accomplice Myra Hindley, and serial killer Rosemary West.Those currently serving whole-life terms in England and Wales include Moors Murderer Ian Brady, who tortured and murdered children along with accomplice Myra Hindley, and serial killer Rosemary West.
Additional reporting by PAAdditional reporting by PA