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Strasbourg upholds Britain’s right to impose whole-life tariffs (5 February 2015)

Date: 05/02/2015
Duncan Lewis, Legal News Solicitors, Strasbourg upholds Britain’s right to impose whole-life tariffs

The European Court of Human Rights has ruled that UK courts have the right to impose whole-life prison sentences for some of the worst crime committed.

The ruling follows a challenge to whole-life tariffs on the grounds that they breach human rights.

In 2013, the European Court agreed that whole-life sentences did breach human rights because it was not clear whether a convicted prisoner had a chance of having their sentence reviewed, as other prisoners do.

Murderer Arthur Hutchinson – who was sentenced to a whole-life tariff – challenged the court’s right to impose such a sentence on him.

In 2014, however, the UK’s Court of Appeal ruled that the law in England and Wales was clear regarding “possible exceptional release of whole-life prisoners”.

Prisoners serving whole-life sentences may be released early in certain circumstances, including if they have an end-of-life medical condition and require hospital treatment or palliative care. Otherwise, whole-life tariffs mean a prisoner must end their life in jail.

Prisons do have hospital units, but prisoners regarded as nearing the end of their lives may be released on compassionate or medical grounds.

The UK Court of Appeal said that prisoners could be released on licences in such circumstances as the discretion of the Secretary of State for Justice – and therefore there was no breach of human rights involved in whole-life sentences.

The European Court of Human Rights has now ruled that no breach of human rights in the case of Hutchinson’s sentence has occurred. He had challenged the sentence on the grounds of “inhumane and degrading” treatment (Article 3, European Convention on Human Rights).

Human rights articles also grant the right to freedom and liberty – as well as the right to a family life.

Previous cases have used different articles from the European Convention on Human Rights – enshrined in law in the UK in the Human Rights Act – to challenge the decisions of the courts in England and Wales.

The judges sitting in the court at Strasbourg who ruled against Hutchinson’s challenge to his whole-life sentence said in a written ruling:

"In the circumstances of this case where following the Grand Chamber's judgment in which it expressed doubts about the clarity of domestic law, the national court has specifically addressed those doubts and set out an unequivocal statement of the legal position, the court must accept the national court's interpretation of domestic law."

The European Court of Human Rights at Strasbourg has in the past overruled decisions made in British courts – often relating to immigration cases in which a failed asylum seeker or a convicted criminal due to be deported back to their home country after serving a sentence in a UK jail.

Justice Secretary Chris Grayling has in the past said that he would reinstate the Supreme Court in the UK as the highest court in Britain, instead of the European Court at Strasbourg.

Duncan Lewis Crime Lawyers – Prisoners’ Rights

Duncan Lewis crime lawyers can advise at any stage of a criminal charge, including advising on appeals against sentences, convictions appeals, application to the Parole Board, licence conditions and whole-life tariffs.

Duncan Lewis is a leading firm of Legal Aid and human rights lawyers, with a successful record in taking appeals to the European Court of Human Rights.

Duncan Lewis can also advise prisoners on their rights in jail, including access to healthcare and making a claim for compensation for injuries sustained in unprovoked attacks or assault in prison.

For expert legal advise on criminal law and prisoners’ rights, call Duncan Lewis crime lawyers on 020 7923 4020.

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