Life imprisonment in England and Wales

Life imprisonment in England and Wales refers to a type of prison sentence that can be imposed for serious crimes, primarily murder. It is the most severe penalty available in the legal system of England and Wales, short of capital punishment, which was abolished in 1965. Life imprisonment can mean the convict spends the rest of their life in prison, although in practice, many are released on parole after serving a specified minimum term, known as a "tariff".

Overview

Life imprisonment is governed by several statutes, with the Murder (Abolition of Death Penalty) Act 1965 being a pivotal piece of legislation that replaced the death penalty with mandatory life imprisonment for murder. However, the Criminal Justice Act 2003 introduced the concept of a "whole life order" for cases deemed exceptionally serious, meaning that the convict has no chance of release.

The sentence is not uniform; it varies depending on the gravity of the crime. Judges set a minimum term which must be served before the prisoner can be considered for parole. The Parole Board for England and Wales is responsible for assessing whether a life-sentenced prisoner can be safely released into the community.

Types of Life Imprisonment

There are several types of life imprisonment sentences in England and Wales:

• Mandatory Life Sentence: Automatically imposed for murder, with the judge setting the minimum term.
• Discretionary Life Sentence: May be imposed for serious crimes other than murder, such as rape or armed robbery, at the judge's discretion.
• Automatic Life Sentence: Imposed for a second serious violent or sexual offence under the Criminal Justice Act 2003.
• Whole Life Order: A sentence where the prisoner is never to be released.

Parole and Release

Prisoners serving a life sentence are eligible for parole once they have served their minimum term. The Parole Board conducts a thorough review, considering the risk to the public, the prisoner's behavior, and any signs of rehabilitation. If released, the individual remains on "life license" and can be recalled to prison if they breach the terms of their release or commit another crime.

Controversies and Criticisms

Life imprisonment, especially whole life orders, has been subject to criticism and legal challenges. Critics argue that it violates human rights, specifically the right to hope and the possibility of rehabilitation. The European Court of Human Rights has ruled on several cases, emphasizing the need for a mechanism to review whole life sentences.

Recent Developments

Legal and policy changes continue to shape the application and management of life imprisonment in England and Wales. The judiciary and the government have been tasked with balancing public safety, the rights of victims and their families, and the rehabilitation prospects of offenders.

See Also

• Criminal justice system of the United Kingdom
• Parole Board for England and Wales
• Murder (Abolition of Death Penalty) Act 1965
• Criminal Justice Act 2003