Crime Solicitors

The news that one of Fusilier Lee Rigby’s killers is to appeal against his conviction has highlighted the issue of whole life sentences once more.

Michael Adebolajo, 29, and co-defendant Michael Adebowale, 22, were convicted of killing Lee Rigby outside Woolwich Barracks by a jury at the Old Bailey in December.

At the time, Mr Justice Sweeney said he would sentence both men after a key hearing of the Appeal Court on whole-life sentences, which took place last week although no judgment has been announced.

Whole-life sentences mean that prisoners are not entitled to a sentencing review during their jail term. Michael Adebolajo and Michael Adebowale were both expected to receive whole-life sentences for the killing of Lee Rigby.

However, yesterday (30/01/14) it was announced that Michael Adebolajo is to appeal against his conviction.

Adebolajo is not the only convicted criminal challenging whole-life sentences. Jeremy Bamber – who is serving a whole-life sentence after being convicted of killing five members of his family – has been given leave to take his appeal against his whole-life sentence to the European Court in Strasburg. The European Court on Human Rights has previously called whole-life sentences “inhuman and degrading” under Article 3 of the European Convention on Human Rights.

Other notorious convicted killers given a whole-life sentence include Levi Bellfield – the killer of murdered schoolgirl Milly Dowler.

Because of the controversy surrounding whole-life sentences, Prime Minister David Cameron is considering 100-year jail terms for those convicted of the most serious crimes.

In May 2013, the chairman of Derbyshire Police Federation Mark Pickard was among those who welcomed the announcement by Home Secretary Theresa May that police killers would automatically receive whole-life sentences. The announcement on 15 May was made exactly week before Fusilier Lee Rigby was brutally hacked to death on 22 May.

Last week at the Court of Appeal, five leading judges were told by James Eadie QC that whole-life sentences are not “manifestly excessive or wrong in principle”.

Mr Eadie said:

“The failure to impose a whole-life order in circumstances where the seriousness of the offending requires its imposition renders the sentence imposed unduly lenient.”

The Attorney General Dominic Grieve had referred the case of Ian McLoughlin to the Appeal Court, after McLoughlin was given a 40-year life sentence for murdering a man while he was on day release from prison. The Appeal Court is being asked to rule whether 40 years is too lenient and should be increased.

There are currently 52 convicted criminals serving whole-life sentences in Britain and more whole-life prisoners are challenging their jail term.

The Conservative Party has indicated that if it wins the 2015 General Election, the UK may withdraw from the European Convention on Human Rights, with Justice Secretary Chris Grayling also indicating that, instead of Strasburg, he would like to reinstate the UK’s Supreme Court as the highest appeal court in Britain.

The government says that whole-life sentences are “wholly justified in the most heinous cases”.

Duncan Lewis Criminal Solicitors

Duncan Lewis is a leading firm of criminal solicitors and can advise at any stage of a criminal charge – including advising on sentencing appeals and prisoners’ rights.

Duncan Lewis criminal solicitors are available 24/7 and in London there are four offices, so a member of the crime team can be with you in just 45 minutes.

For expert legal advice on criminal law and representation contact Duncan Lewis criminal solicitors on 0202 7923 4020.

For urgent legal advice on criminal charges or representation during questioning under caution at a police station, contact the Duncan Lewis Emergency Hotline on 020 7275 2036.