The appellants challenged the mandatory sentence of life imprisonment imposed on them on their convictions for murder. They said it was an infringement of their Human Rights, being arbitrary and disproportionate. Held: The case followed on where the Anderson case left off. In these cases the judge had noted that he did not think the … Continue reading Regina v Lichniak: HL 25 Nov 2002
A sentence of a young person to ‘Detention during Her Majesty’s pleasure’ is not to be thought of as the same as a life sentence; The Home secretary had been unfair in setting the tarriff sentence for two youths convicted of murder on a basis which would have applied to them as adults. Citations: Times … Continue reading Regina v Secretary of State for the Home Department Ex Parte Venables Regina v Same, Thompson: CACD 7 Aug 1996
A sentence of detention during her majesty’s pleasure when imposed on a youth was not the same as a sentence of life imprisonment, and the Home Secretary was wrong to treat it on the same basis and to make allowance for expressions of public opinion. Of a sentence under the section: ‘The Secretary of State … Continue reading Regina v Secretary of State For The Home Department, Ex Parte Venables, Regina v Secretary of State For The Home Department, Ex Parte Thompson: HL 12 Jun 1997
The statement followed the report of the Sentencing Advisory Panel of March 15, 2002. The statement contained guidance, not firm rules. The phrase ‘minimum term’ should replace the term ‘tariff’. Offenders are normally not released on the expiry of the minimum term. The judge should say how the minimum term had been arrived at, and … Continue reading Practice Statement (Crime: Life sentences): LCJ 31 May 2002
The Home Secretary was wrong to apply adult criteria on setting a release date for a child detained during Her Majesty’s Pleasure for an offence of murder. Citations: Times 07-May-1996, Gazette 15-May-1996 Statutes: Murder (Abolition of Death Penalty) Act 1965 1(5) 4, Children and Young Persons Act 1933 53 Cited by: Appeal from – Regina … Continue reading Regina v Secretary of State for the Home Department Ex Parte Venables; Regina v Similar: QBD 7 May 1996
The appellant had been convicted of double murder. The judge imposed a mandatory life sentence with a minimum recommended term. The Home Secretary had later increased the minimum term under the 1997 Act. The appellant challenged that increase. Held: The increase in the minimum term to be served was an increase in the sentence. A … Continue reading Regina v Secretary of State for the Home Department Ex parte Anderson: HL 25 Nov 2002
In each case the appellant had been convicted of particularly serious murders and had been given whole life terms. They now appealed saying that such sentences were incompatible with their human rights after the ruling of the ECHR Grand Chamber in Vinter v UK. Held: The appeals failed. Judges: Lord Thomas of Cwmgiedd, LCJ; Sir … Continue reading Regina v McLoughlin; Regina v Newell: CACD 18 Feb 2014
The Court of Appeal may not review a minimum period recommendation for murderer despite excess. Citations: Gazette 03-May-1995 Statutes: Murder (Abolition of Death Penalty) Act 1965 Jurisdiction: England and Wales Criminal Sentencing Updated: 08 October 2022; Ref: scu.87136
The Court of Appeal is unable to interfere with Judge’s recommended minimum for a lifer, even though it may recommend a change. Citations: Independent 11-Apr-1995 Statutes: Murder (Abolition of Death Penalty) Act 1965 Jurisdiction: England and Wales Criminal Sentencing Updated: 08 October 2022; Ref: scu.87138
The claimants sought by judicial review to challenge their separate sentences to life imprisonment for murder, saying that section 1 of the 1965 Act was incompatible wth their rights under articles 3 and 5 of the Convention. They argued that all life sentences fell into two parts, the penal element, meeting the requirements of retribution … Continue reading Regina v Lichniak; Regina v Pyrah: CACD 2 May 2001
The prisoner, sentenced to life imprisonment with a whole life tariff for the murders of children, now appealed against the imposition of the whole life tarriff. Held: The appeal failed. It was possible for a Home Secretary to set a whole life tariff for a person subject to a compulsory sentence of life imprisonment, provided … Continue reading Regina v Secretary of State for the Home Department, Ex Parte Hindley: HL 30 Mar 2000
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