European judges uphold British courts’ right to impose ‘whole-life’ tariffs

Ruling in case of triple murderer Arthur Hutchinson says sentence does not amount to inhuman or degrading treatment

The Guardian, Alan Travis, home affairs editor, 3 February 2015

Judges of the European court of human rights in another hearing. The ruling in
the Hutchinson case was six to one. Photograph: Vincent Kessler/Reuters

European human rights judges have upheld the right of British courts to impose “whole life” prison sentences in the most heinous cases of murder.

The case was brought by a triple murderer, Arthur Hutchinson, now aged 73, who was sentenced to spend the rest of his natural life behind bars for the murder in 1984 of three members of a Sheffield family and the rape of their daughter.

Hutchinson claimed his whole-life sentence amounted to inhuman and degrading treatment as he had no hope of release. But the ruling at the European court of human rights confirmed that a power clearly exists in British law that provides those spending the rest of their lives in prison with the possibility of release in highly exceptional circumstances.

Whole life terms are currently being served by more than 50 of Britain’s most notorious criminals, including the Moors murderer, Ian Brady, the Yorkshire Ripper, Peter Sutcliffe, and serial killer Rosemary West.

The justice secretary, Chris Grayling may order their release but only in the most exceptional circumstances such as only having weeks left to live.

The issue of the legality of whole-life sentences under European human rights law has been a key question in the debate over the future of Britain’s relationship with Europe.

The ruling, which effectively ratifies an agreement brokered by the former attorney general, Dominic Grieve, will help to take some of the sting out of the highly charged political debate in Britain over human rights law.

The Hutchinson ruling also overturns a 2013 judgment by the European human rights court involving three killers, Jeremy Bamber, Douglas Vintner and Peter Moore.

The six-to-one ruling in the Hutchinson case says the justice secretary does clearly have a power to release whole-life prisoners in exceptional circumstances making the law sufficient to comply with article three, which bans inhuman or degrading treatment.

The original confusion about the law stems from the 2003 Criminal Justice Act, which scrapped the need for a minister to automatically review a whole-life sentence after a prisoner had served 25 years.

No alternative review mechanism was put in its place, but the justice secretary retained a discretionary power to release a prisoner in exceptional circumstances. This power is also subject to judicial review.

This provision was tested and found to be legal by the court of appeal in London in February 2014 in a case involving two killers, Ian McLoughlin and Lee Newell.

In its latest ruling that there had been no human rights violation, the Strasbourg human rights court said: “Domestic law thus provided a whole-life prisoner hope and the possibility of release in the event of circumstances in which the punishment was no longer justified.”

The political significance of the ruling, however, is probably greater than its legal implications. The 2013 European court of human rights ruling that British law was unclear on whether there was a legal right of review for a prisoner serving a “life must mean life” sentence triggered a political storm in Britain.

That ruling was cited by Grayling, as one of the key reasons why he was proposing the Conservative party promise to introduce a new British bill of rights that would give UK courts and parliament the “final say” over such matters.

But legal commentators said Tuesday’s ruling from Strasbourg accepting the UK court of appeal ruling was actually a victory for the strategy of encouraging sensible dialogue between Britain and Strasbourg.

The approach was pioneered by Ken Clarke while he was justice secretary and detailed talks took place between the European judges and Grieve before he was sacked last year as attorney general.

The resolution of the issue surrounding whole-life sentences and the final deportation of the Islamist radical preacher, Abu Qatada, last year means that the vexed question of prisoners’ right to vote remains the last outstanding issue souring relations between Strasbourg and London.

The challenge to the ‘whole life’whole-life sentence was brought by one of Britain’s most notorious killers, Arthur Hutchinson, who has no hope of release from his cell in Frankland prison, County Durham.

Hutchinson, now aged 73, was in 1984 sentenced to spend the rest of his life in prison in 1984 after being convicted of triple murder, rape and aggravated burglary.

The then home secretary, the late Sir Leon Brittan, the then home secretary, imposed a ‘whole life tariff’ whole-life tariff on Hutchinson for the murder and rape of the Laitner family in Sheffield in September 1983.

HutchinsonHe stabbed to death Basil Laitner, his wife AverilAvril, and their son, Richard, on the wedding day of one of their daughters. He repeatedly raped their other daughter after dragging her into the wedding marquee and handcuffing her. He later broke into the family home and stole a watch and money.

The trial judge in the case sentenced him to life imprisonment with a recommendation he serve at least 18 years. The Llord Cchief Jjustice, however, recommended that he serve a ‘whole life’ whole-life sentence and not be released. This recommendation was confirmed by the home secretary on 16 December 1994.

Hutchinson’s appealed against his whole-life sentence in 2008 but both the high court and the appeal court court of appeal found that, given the seriousness of his crimes, there was no reason to deviate from the whole-life term given the seriousness of his crimes.

ends

Notorious killer whose series of appeals have failed

Arthur Hutchinson at the time
of his conviction in 1984.
Photograph: PA

The challenge to the whole-life sentence was brought by one of Britain’s most notorious killers, Arthur Hutchinson, who has no hope of release from his cell in Frankland prison, County Durham.

Hutchinson was in 1984 sentenced to spend the rest of his life in prison after being convicted of triple murder, rape and aggravated burglary.

Sir Leon Brittan, the then home secretary, imposed a whole-life tariff on Hutchinson for the murder and rape of the Laitner family in Sheffield in September 1983.

He stabbed to death Basil Laitner, his wife, Avri, and their son, Richard, on the wedding day of one of their daughters. He repeatedly raped their other daughter after dragging her into the wedding marquee and handcuffing her. He later broke into the family home and stole a watch and money.

The trial judge in the case sentenced him to life imprisonment with a recommendation he serve at least 18 years. The lord chief justice, however, recommended that he serve a whole-life sentence and not be released. This recommendation was confirmed by the home secretary on 16 December 1994.

Hutchinson appealed against his whole-life sentence in 2008 but the high court and the court of appeal both found that, given the seriousness of his crimes, there was no reason to deviate from the whole-life term.