Thursday 6 June 2013

Understanding Murder Sentences: When Does ‘Life’ Mean Life?

Last week Mark Bridger was jailed for life for the murder of five year old April Jones. The attack was sexually motivated.

Bridger had said that he accidently ran April over and that he could not remember where he had put her body. He was convicted unanimously by the jury. He was sentenced to life in prison and will remain in prison for the rest of his life.

A number of people I spoke to afterwards expressed confusion about life sentences, saying that others who receive a life sentence are told they may be released in future, even though they were sentenced to life imprisonment. So how does sentencing for murder work?

The Sentence for Murder

Section 1(1) of the Murder (Abolition of Death Penalty) Act 1965 abolished the death penalty for murder. It provides that convicted murderers will instead be sentenced to life imprisonment. There is no other sentence: all murderers receive a life sentence.

Setting the ‘Tariff’

The Criminal Justice Act 2003 (section 269) provides that when a court is sentencing an individual to life imprisonment for murder it must set a ‘tariff’. This is a fixed minimum period that the offender will serve in prison.

The court must fix the tariff by reference to the seriousness of the murder. The more serious the murder is the higher the tariff will be. Schedule 21 of the 2003 Act provides guidelines for what the tariff will be in certain cases. For example, the murder of a police officer ordinarily attracts a tariff of 30 years. A murder with no especially bad features will ordinarily attract a tariff of 15 years.

However, in certain cases, if the court decides the seriousness of the murder is exceptionally high then it can make a ‘whole life order’. A whole life order is where an offender is sentenced to imprisonment for the rest of their life and will never be released. Schedule 21 suggests that whole life orders are appropriate in cases such as the murder of a child which involves sexual motivation and murder for the purpose of advancing a political, religious, racial or ideological cause (terrorism).This is the order that was made in the case of Mark Bridger. He murdered a child with a sexual motivation. In these circumstances ‘life’ means life.

The Early Release Provisions

In all cases where a whole life order is not imposed the court must order that the ‘early release provisions’ apply as soon as the offender has served the period of their tariff. The early release provisions are found in Chapter 2 of the Crime (Sentences) Act 1997. They provide that once an offender has served their tariff they must be released once the Parole Board recommends their release. The Parole Board will recommend the offender’s release if it is satisfied it is no longer necessary for the protection of the public to continue to detain the offender.

Therefore once a life prisoner has served their tariff they may be released if they are no longer a danger to the public.

After Release

When a life prisoner is released they are released on licence. They must comply with any conditions set out in the licence. The life sentence still hangs over the offender for the rest of their life. If they commit a further offence, breach their licence conditions, or otherwise become a danger to the public, they can be returned to prison under their life sentence. They will only be released again when the Parole Board recommends it.

Conclusion

A sentence of life imprisonment only means life in prison when the offender receives a whole life order. All other life prisoners have a chance to be released at some point in the future. However, the life sentence will remain with them for the rest of their life. It can be reactivated in certain circumstances and they can be returned to prison.

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