Rigby Murderers Sentenced to Life Imprisonment

This week the murderers of solider Lee Rigby were sentenced to life imprisonment. What is the law behind these sentences?

The Facts

Michael Adebolajo, 29, and Michael Adebowale, 22, were sentenced at the Old Bailey following their conviction for murdering soldier Lee Rigby in Woolwich last year.

The pair ran down the solider in a car before attacking him brutally with knives. Adebolajo hacked at the soldier’s head, while Adebowale stabbed his torso. For more information on the facts, see this earlier article.

Mr Justice Sweeney sentenced the pair to life imprisonment. Adebolajo received a whole life term, meaning he will spend the remainder of his life in prison. Adebowale was sentenced to a minimum of 45 years in prison before he can be considered for release. They were sentenced in their absence after being removed for disrupting the proceedings.

The judge described their actions as ‘sickening and pitiless conduct’, adding that the pair had shown no remorse.

What is the law behind these sentences?

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

Section 269 of the Criminal Justice Act 2003 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 is required to 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 details guidelines for what the tariff will be in certain cases. For example, a murder with no especially bad features will typically attract a tariff of 15 years.

However, if the court decides the seriousness of the murder is ‘exceptionally high’ then it can make a whole life order, where the offender is required to spend the rest of their life in prison: life means life 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 (essentially a terrorist act).

Having decided the starting point, the court is then required to consider any factors that aggravate or mitigate the severity of the offence and increase or decrease the tariff accordingly.

The Early Release Provisions

In all cases where a whole life order is not imposed, section 269 requires the court to order that the ‘early release provisions’ will apply as soon as the offender has served the period of their tariff. The early release provisions are found in Chapter 2 of Part II of the Crime (Sentences) Act 1997. They provide that once an offender has served their tariff they must be released when the Parole Board recommends their release. The Parole Board will recommend the offender’s release only if it is satisfied it is no longer necessary for the protection of the public to continue to detain the offender in prison.

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.

Application to the Rigby Murderers

Mr Justice Sweeney concluded that the murder was a terrorist act and the seriousness of the offence was exceptionally high. Therefore the starting point for both Adebolajo and Adebowale was a whole life order. The judge then had to consider whether there were any mitigating factors to reduce the sentence.

In the case of Adebolajo, Mr Justice Sweeney concluded that there was no mitigation. He had been the leader. The seriousness of what he did was exceptionally high and the requirements of punishment and retribution made a whole life order a just penalty. Therefore a whole life order was imposed. Following the Court of Appeal’s recent decision in R v McCoughlin there was nothing objectionable in imposing this sentence. For more on that decision, see this article.

In respect of Adebowale, the judge concluded that a whole life sentence was not appropriate because of his lesser role, younger age and continuing mental condition. Therefore a tariff of 45 years was imposed. He will be eligible for release after that period if the Parole Board considers he is no longer a danger to the public.

Conclusion

The murder of Lee Rigby was a brutal crime that shook the country. The strong sentences imposed are to be welcomed. However, it must be remembered that Adebolajo is appealing his conviction, arguing that the judge made various legal errors. His appeal is unlikely to succeed. For more information on the appeal, see this article.

What are your thoughts on the sentences?