Life Sentences

What is a "lifer"?

A lifer is an individual in prison who is serving an indeterminate sentence (but NOT an IPP). Individuals who are serving indeterminate sentences, in contrast with those serving determinate sentences, have no automatic right to be released from prison.

Relevant statutes (click to view):

Murder (Abolition of Death Penalty) Act 1965;

Criminal Justice Act 2003;

Power of Criminal Courts (Sentencing) Act 2000.

How does the sentence work?

The lifer, like those servings IPPs, is required to serve a punitive period (also known as the minimum term, or the tariff) before they are eligible for parole on licence.

What happens when a lifer is released on parole?

He will be released on a life licence, meaning that he is liable to recall to prison at any time.

What types of life sentence are there?

There are several.

Life imprisonment

• Applies to adults convicted of murder and individuals aged 21 or over when the offence was committed;
• For the offence of murder, the convicted automatically receives a mandatory life sentence (Murder (Abolition of Death Penalty) Act 1965);
• The sentencing judge now sets the minimum term (sentenced imposed on or after 18th December 2003).

Discretionary life sentence

• Offenders aged 18 or over where the maximum sentence which can be imposed is life imprisonment;
• The offender must meet the criteria for risk and dangerous set out in s. 225 Criminal Justice Act 2003.

IPP

See the previous blog post: http://prison-law.blogspot.co.uk/2013/03/imprisonment-for-public-protection-ipp.html

Custody for life

• Applies to offenders aged 18 or over but under 21 on the date of conviction;
• It applies only to those offenders convicted of murder;
• It is an automatic/ mandatory sentence;
• It may be imposed as a discretionary sentence for offences other than murder. It can only be imposed under these circumstances if the offender was over 18 and meets the criteria for dangerousness, as set out in s. 225 CJA 2003.

Detention at Her Majesty's Pleasure

• For individuals over the age of 10 (which is the age of criminal responsibility in England and Wales), but under the age of 18 when the offence was committed;
• Reserved only for the offence of murder;
• Relevant legislation: s. 90 Power of Criminal Courts (Sentencing) Act 2000.

Can prisoners appeal the length of their tariff/ minimum term?

Yes.  Section 271 of the Criminal Justice Act 2003 provides defendants with a right of appeal against the duration of the minimum term. Legal advice must be sought by those wishing to appeal. It should be borne in mind that the test for the Court of Appeal when looking at appeals against sentence is whether or not the sentence (minimum term) imposed by the sentencing judge is excessive.