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05 December 2012 / Hle Blog
Issue: 7541 / Categories: Blogs
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The meaning of life

HLE Blogger Sarah Lewis explores the debate surrounding whole life tariffs

Last month, the Court of Appeal considered the issue of whole life tariffs, which in three separate cases heard together were appealed on the basis that whole life orders were incompatible with Art 3 of the European Convention of Human Rights, which prohibits torture and inhuman or degrading treatment and punishment.

Although the panel, comprising the Lord Chief Justice and four appellate judges, overturned the whole life tariff for murderer Danilo Restivo and rapists Michael Roberts and David Simmons, they upheld the sentence for killer David Oakes. Their ruling, which comes just prior to the appeal by Jeremy Bamber and two other murderers to overturn their whole life tariffs at the Grand Chamber of the European Court of Human Rights, sends a signal to the Strasbourg that the courts in England and Wales are content that power to jail someone forever is, in some instances, justified.

Lord Judge stated that it was open to the individual state to make statutory provision for the imposition of a whole life minimum term and, if appropriate, as a matter of judicial discretion, for the court to make such an order; it was not for the European Court to intervene. In the UK, Parliament has legislated to enable judges to impose whole life sentences without the possibility of release, which for would be appropriate where punishment and retribution required detention for life in the literal sense.

So who do whole life tariffs apply to? They are, and should remain the court held, reserved for the few exceptionally serious offences committed by offenders judged to be the most dangerous to society. Currently 46 offenders are subject to whole life orders. Unlike other life term prisoners, they are not eligible for release on licence if, after their minimum term, they can prove that they are no longer a risk to society...

Rightly or wrongly, such offenders can wind up languishing in prison with no hope of ever being able to demonstrate that they are no longer a danger to society: life really meaning life…”

To continue reading go to: www.halsburyslawexchange.co.uk

Issue: 7541 / Categories: Blogs
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MOVERS & SHAKERS

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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