LIFE IMPRISONMENT
Imprisonment for life is reserved for the most serious offences and offenders.
For an offence of murder, adult defendants aged 21 or over must receive a sentence of life imprisonment. In other cases, where the individual offence carries a maximum of life, a sentence of imprisonment for life is discretionary.
There are two further situations in which a judge is likely to consider imposing life imprisonment: first, where the defendant is assessed as a dangerous offender and the offence itself justifies life, or where the defendant is convicted of what is known as a serious specified offence and the defendant has a previous conviction for such an offence.
LIFE SENTENCES FOR MURDER
For defendants aged 21 or over life imprisonment is the only sentence that can be imposed for murder. Defendants convicted of murder aged 18-20 are sentenced to custody for life and juveniles (under 18s) are sentenced to detention at Her Majesty’s pleasure.
The Minimum Term
Life rarely means life. When passing a life sentence a judge usually imposes a minimum custodial term that must be served before an application can be made for release on parole; once released a defendant will be on licence for the remainder of his/her natural life and may be recalled to prison if considered a risk to the public (this may involve committing a further offence but does not need to).
In the most serious cases of murder a whole life order can be imposed, meaning life does mean life. In such situations there will be no minimum term imposed and the prisoner will not be eligible for release at any time. A prisoner in this situation can only be released by the Home Secretary on compassionate grounds (e.g. due to very poor health).
The Criminal Justice Act 2003 sections 269 to 277 and
Schedules 21 and
22 contain guidance on setting the minimum term in murder cases. The approach to be taken by judges when dealing with such cases is contained in
Criminal Practice Directions 2015 Division VII: Sentencing (M.1 onwards).
Judges follows 3 steps:
STEP 1 – Determine the Starting Point
Schedule 21 sets out the general principles that must be adopted by judges in deciding on murder case sentences. The judge has to reach a starting point and then adjust this up and down in accordance with the mitigating or aggravating features in the case. There are 5 starting points: ‘whole life’, 30 years, 25 years, 15 years or 12 years.
LIFE SENTENCES — Defence-Barrister.co.uk