07/05/2003

'Life means life' for murderers says Blunkett

Under new proposals on sentencing for murderers, "life will mean life" for what the Home Secretary describes as "the most serious offenders".

The new sentencing 'principles' provide that anyone who abducts and murders a child should never be released from prison. Whole life terms could also be imposed for terrorist murder or multiple murders which are premeditated, sexual or sadistic. The tariff for other categories of murder, such as the murder of a police or prison officer in the course of duty, or racially motivated murder, a minimum term of 30 years imprisonment could be passed – an increase of 10 years on current sentencing practice.

David Blunkett said: "Murder is the most serious and heinous of crimes. The effect that such tragic loss of life has on individuals, families and whole communities is immeasurable.

"I share public concern that some very serious criminals seem to be serving a relatively short spell in prison.

"I am not prepared to allow sentences to be passed for the most horrendous, shocking crimes which do not reflect either the punishment required or the need to give a clear signal to perpetrators that we will not tolerate their presence in our society."

The principles will form part of the Criminal Justice Bill, which is currently before Parliament.

The move is hailed by the Home Office as a "landmark change" to the way murderers are sentenced, as Parliament will provide a framework for judges to determine how long an offender should spend in prison before being considered for release on licence.

However, since 1983 the Home Secretary's role in the administration of life sentences has been subject of repeated challenges, both domestically and before the European Commission and the European Court of Human Rights.

And today's proposals could yet prove problematic constitutionally as David Blunkett appears to be back on a collision course with the judiciary.

Post-September 11, civil liberties groups have expressed fears that certain freedoms have been eroded in the US and UK to promote national security.

Mr Blunkett himself attracted the attention of headline writers two months after the Twin Towers attacks when he introduced anti-terrorism legislation that removed habeas corpus and provided for the detention without trial of foreign nationals suspected of terrorism. Britain derogated from article 5 of the European Convention on human rights to pursue it – and remains the only country to have opted out in such a way.

At the time, when challenged over the measures during an interview, he said: "We could live in a world which is airy fairy, libertarian, where everybody does precisely what they like and we believe the best of everybody and then they destroy us."

Eleven people who were arrested under the legislation have mounted legal challenges.

Also, under the government's Criminal Justice Bill – which is passing through the Commons at the moment – civil liberties group, Liberty, have raised concerns over measures that will see the right to trial by jury curtailed, the abolition of double jeopardy (where a defendant cannot be tried twice for the same crime), and the admissibility in court of a defendant's previous misconduct.

The Criminal Justice Bill also contains provisions to ensure that dangerous offenders can be kept in prison for as long as they continue to pose a risk to the public.

The head of the judiciary, Lord Irvine, who also sits on the Cabinet, will not welcome further Home Office intrusion into the legal system.

There was tension between the pair last February after the courts quashed legislation which Blunkett had introduced over asylum seekers – with one judge describing it as "inhumane".

(GMcG)

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