Life Meaning Life: Is There Any Rope of Release for Prisoners Serving Whole Life Orders?

摘要

This article reviews the system of whole life orders in England and Wales, looking in particular at whether such sentences constitute inhuman or degrading treatment or punishment contrary to Article 3 of the European Convention on Human Rights. This issue came before the European Court of Human Rights in 2008 in the case of Kafkaris v Cyprus. The court held that a whole life tariff would not violate Article 3 as long as there was some possibility that a life sentence was de jure or de facto reducible. The possible grounds for the release of a prisoner serving a whole life sentence in England and Wales is, however, extremely limited. This article will assess to what extent the release procedures regarding whole lifers meet the criteria laid down by the European and domestic courts and whether there is any realistic hope of release for prisoners sentenced to whole life orders.