Legal News

Murderers could receive prison sentences of 100 years or more if the government decides to introduce US-style prison sentences in which life means life.

The Conservative Party is currently reviewing the authority of the European Court of Human Rights over sentencing in the UK.

The UK’s highest court is the Supreme Court, but convicted prisoners are able to take appeal cases to the European Court of Human Rights, which is currently questioning the legality of whole life sentences for prisoners.

Currently, UK prison sentences for the most serious crimes such as violent murder involve whole life sentences. There are 49 inmates in UK jails currently serving whole life sentences and these include those convicted of the most serious crimes – such as Mark Bridger, who was convicted of abducting and murdering six-year-old April Jones.

Prisoners serving life sentences may be eligible for parole – but those serving whole life terms do not have this option.

However, recently The European Court of Human Rights and some whole life prisoners in the UK have questioned the legality of handing down whole life sentences.

Prisoners in jail have access to the courts and legal advice – they are also eligible for Legal Aid to fight for their rights as prisoners.

If prisoners serving whole life sentences took the government to court over the terms of their sentence, the court case could cost taxpayers hundreds of thousands of pounds in Legal Aid for lawyers’ fees.

The Ministry of Justice is now considering US-style sentencing for the most serious crimes such as pre-meditated or violent murder, whereby prisoners would be handed down 100-year jail terms.

In the UK, judges must specify the length of a life sentence at the time a prisoner is sentenced. Some prisoners only serve part of their life sentence and are released on licence, however, which involves conditions they must keep to if they wish to remain free.

Some cases involving life sentences may ultimately be referred to the European Court of Human Rights for a decision, however, which might override the decision of the Supreme Court in the UK.

If 100-year prison sentences were introduced, there would be no end date for the life sentence and prisoners would remain in jail.

Justice Secretary Chris Grayling has said the Conservative Party is considering withdrawing from the European Court of Human Rights and reinstating the Supreme Court as the UK’s highest court, to enable the UK to make the ultimate decision in whole life cases.

The proposals are due to be published by the Conservative Party in the next few weeks.

Duncan Lewis Criminal Solicitors

Duncan Lewis criminal solicitors can advise at any stage of a criminal charge – and are available to visit police stations, courts and prisons at short notice.

Duncan Lewis criminal solicitors can also advise convicted criminals on their rights as prisoners, including the right to appeal a sentence.

For expert advice on criminal law and prisoners’ rights, contact Duncan Lewis criminal solicitors on 020 7923 4020 – or for urgent legal advice or representation, call the Duncan Lewis Emergency Hotline on 020 7275 2036.