British Death Sentence

It is a rare thing indeed for a British person to receive the death sentence, but today that is exactly what has happened. Lindsay Sandiford, 56, has been found guilty of drug trafficking in Bali, after 4.8kg of cocaine was found in her suitcase lining during a routine inspection. She says she was coerced by gang members threatening to harm one her children into carrying the drugs. Sandiford has been sentenced to death and faces execution by firing squad.

There was surprise at the verdict as the prosecutors had only recommended a 15 year prison sentence. The UK government has condemned the sentence. The judges, however, said that Sandiford did not appear to be concerned about the consequences of her actions, namely damaging Bali’s tourism image and the government’s anti-drugs programme. It is almost certain that Sandiford will appeal the decision.

The Death Penalty in the United Kingdom

The last execution was in 1964 and the death penalty was finally abolished in the United Kingdom for all offences (even during the time of war) in 1998. Furthermore, in 2004, the UK became bound by Protocol 13 to the European Convention on Human Rights (for more on the Convention see this post: http://lawscapeuk.blogspot.co.uk/2013/01/a-new-bill-of-rights.html) which prohibits the death penalty in all circumstances and which prevents us from reintroducing the death penalty so long as we remain a party to the Convention.

That the death penalty is unlawful and will remain so must surely be correct in my view. Despite frequent calls for its reintroduction there are good reasons not to have the death penalty. Firstly, there is always the risk that mistakes will be made in the conviction of an offender. Say, for example, that we convict the wrong individual; there is no opportunity to vindicate them once they have been executed. There have been plenty enough wrongful convictions in the past for us to be concerned about executing the wrong individuals. Secondly, the death penalty simply represents an easy way out of long term punishment. Why should an offender be allowed to escape life in prison? Thirdly, it is not acceptable for the state to kill individuals when it condemns the killing of individuals by its citizens. If killing another if unacceptable it does not become acceptable simply because the state sanctions it; it is barbaric either way.

Arguments in favour of the death penalty are often at their strongest in relation to murder, but Lindsay Sandiford has not even been convicted of murder. She has been convicted of a drug offence, albeit a serious one. I certainly hope that any appeal she makes is successful.