A life sentence - means life?

Mr Stafford was convicted of murder in 1967. He was released early on licence in 1979 and then detained again in 1989 for breach of conditions. In November 1990 the Parole Board recommended his release on life licence which was accepted by the Secretary of State. He was released in March 1991.

In July 1994 he was convicted of cheque fraud and sentenced to six yearsí imprisonment. His life licence was revoked by the Secretary of State. In 1996-7, when normally he would have been released from the fraud sentence, the Parole Board recommended his release on life licence, noting his previous successful transition from prison to the community without violent re-offending. When the Secretary of State rejected the recommendation, judicial review proceedings were taken challenging the lawfulness of the decision to continue detention on the ground, not of risk of violent offences, but the risk that he commit further non-violent imprisonable offences. The House of Lords found that section 35(2) of the Criminal Justice Act 1991 conferred a wide discretion on the Secretary of State and that there was nothing to constrain him from adopting the course which he had. The applicant was eventually released on licence in 1998.

When this case was heard in the ECHR it was held that there had been a violation of Article 5 ßß 1 and 4 of the European Convention on Human Rights (right to liberty and security). Under Article 41 (just satisfaction) of the Convention, the Court awarded the applicant 16,500 euros for pecuniary and non-pecuniary damage and 17,865.10 pounds sterling for legal costs and expenses.

Defiant Blunkett will change law to keep killers in jail...
Independent  Fri May 31 21:02:00 UTC+0100 2002

This verdict makes perfect legal and political sense...
                            Independent  Fri May 31 15:26:00 UTC+0100 2002
 

Grand Chamber judgment in the ECHR case of Stafford v. the United Kingdom