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R (Anderson) v Secretary of State for the Home Department, 2003 1 AC 837, 2002 UKHL 46

R (Anderson) v Secretary of State for the Home Department, 2003 1 AC 837, 2002 UKHL 46


Citation:R (Anderson) v Secretary of State for the Home Department, 2003 1 AC 837, 2002 UKHL 46

Link to case on WorldLII.

Rule of thumb:For serious crimes, such as heinous murder, is a custodial sentence with no release date valid? Yes, for particularly heinous murder ‘life imprisonment’ with no release ever and potential release being purely at the discretion of the Parole Board are valid prison sentences & human-rights compliant.

Background facts:

Anderson was convicted of 2 murders. The trial Judge stated the minimum period the murderer had to spend before being considered for license/parole. However, the Judge never stated an absolute maximum sentence, meaning that Anderson was locked up indefinitely until the Prison Officials considered whether he could be released or not, with it possibly being the case that Anderson may never be released.

Parties argued:

Anderson argued that this type of sentence violated his right to a fair trial, and that the Judge had to decide whether it was a full life sentence or there was a maximum number, rather than him being left in limbo over this.

Judgment:

The Court upheld that for murderers this type of sentence was considered acceptable.

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Ratio-decidendi:

‘What happens in practice is that having taken advice from the trial judge, the Lord Chief Justice and department officials, the Home Secretary assesses the term of imprisonment which the convicted murderer should serve as a punishment for his crime or crimes. That period defines the period to be served before release on license is considered’, Lord Bingham

Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.