Some Murderers In Jail ‘Too Long’

Some murderers are serving too long in jail, meaning prisons will become “full of geriatric lifers”, Lord Chief Justice Lord Phillips has said. He questioned the need for a mandatory life sentence for murder and voiced doubts murder law reforms would succeed without changing the sentencing regime.

The government has said it is committed to keeping mandatory sentences. Lord Phillips, who is the most senior judge in England and Wales, made his remarks during a speech in Birmingham.

Lord Phillips, speaking at the University of Birmingham on Thursday, said it was regrettable that government guidelines on the length of time murderers should spend in prison had the effect of “ratcheting up” sentences.

In many cases, the minimum term was double what it had been before the guidelines were introduced under the Criminal Justice Act, he said. He also said he was “not optimistic” that the Law Commission’s recent proposals to create two categories of first-degree and second-degree murder would work.

The government had demanded no changes to the mandatory life sentences for murder, leaving the commission to come up with recommendations with “one hand tied behind its back”, he said.

The Criminal Justice Act 2003 requires courts to impose mandatory sentences on any of 155 offences under certain circumstances.

In 2005, Lord Phillips’ predecessor, Lord Woolf, said he opposed Parliament passing laws that forced judges to impose particular sentences. “I’m not in favour of mandatory sentences full stop,” he said.

Previously, Lord Phillips has spoken out on a number of key issues, including his concern about prison overcrowding and the need to make greater use of community sentences.