Meeting of the Parliament 04 June 2019
As I have made abundantly clear, I do not agree.
In sentencing, a judge will set a punishment part, which is the minimum term that must be spent in prison. After that time, a person can be considered for release by the Parole Board. That decision is based on an assessment of risk, which should be explained. Even if a person who has been given a life sentence is released into the community, they will be on licence for the rest of their life and can be recalled to prison in the event of a breach.
Under those provisions, World’s End murderer Angus Sinclair was given a sentence that would have prevented him from even seeking parole until he was 106, as we heard. As Lord Matthews explained—with little room for ambiguity, let me say to Mr Kerr—that was intended to “make matters easier for” the Parole Board.
Let us not forget that, under the terms of the European convention on human rights, prisoners need to be sentenced in a way that allows them a realistic prospect of release, even if, for reasons to do with on-going risk, that release does not happen.
The same approach applies south of the border. In England, whole-life orders are compatible with the ECHR only because the justice secretary has a statutory duty to review such cases and to exercise the power of release for life prisoners in such a way as to ensure compatibility with the convention. Moreover, the secretary of state’s decisions on possible release are subject to review by the domestic courts, which are also bound to act within convention rights:
“the High Court would have the power to directly order the release of the prisoner, if it considered this to be necessary in order to comply with Article 3”.
However much Liam Kerr wishes to portray the approach as lock-’em-up-and-throw-away-the-key justice, the facts say otherwise.
Of course, some individuals who are guilty of the most serious, violent crimes and who continue to present an unacceptable risk to their victims and/or the wider public, will need to remain in prison.