In England and Wales, life imprisonment is a sentence that lasts until the death of the prisoner, although in most cases the prisoner will be eligible for parole after a minimum term ("tariff") set by the judge. In exceptional cases a judge may impose a "whole life order", meaning that the offender is never considered for parole, although they may still be released on compassionate grounds at the discretion of the home secretary. Whole-life orders are usually imposed for aggravated murder. The general age limit for a whole life order is 21, however those aged 18 to 20 may be granted a whole life order under exceptional circumstances.

Until 1957, the mandatory sentence for all adults convicted of murder was death by hanging. The Homicide Act 1957 limited the circumstances in which murderers could be executed, mandating life imprisonment in all other cases. Capital punishment for murder was suspended for 5 years by the Murder (Abolition of Death Penalty) Act 1965 and was abolished in 1969 (1973 in Northern Ireland by the Northern Ireland (Emergency Provisions) Act 1973) since which time murder has carried a mandatory sentence of life imprisonment.

The Criminal Justice Act 2003 introduced new mandatory life sentences and created a new kind of life sentence, called "imprisonment for public protection" which could be imposed for even those offences that would otherwise carry a maximum sentence of ten years. The consequent unprecedented levels of prison overcrowdingThe Guardian , 10 November 2019 (retrieved 30 November 2019) prompted sentencing reform, including stricter criteria for the imposition of such sentences and some restoration of judicial discretion, in the Criminal Justice and Immigration Act 2008. Imprisonment for public protection was abolished by the Legal Aid, Sentencing and Punishment of Offenders Act 2012, although some prisoners remain incarcerated under the former legislation.

Life imprisonment is applicable to only those defendants aged 18 and over. Those aged under 18 when the relevant offence was committed are sentenced to an indeterminate sentence (detention at His Majesty's pleasure). Any convict sentenced to a life sentence can, in principle, be held in custody for their whole life, assuming parole is never given for juveniles.

History

When parliament was considering abolition of capital punishment, there were many MPs who were against the reform, and the deal offered was that former capital offences would receive a mandatory life sentence. Accordingly, life imprisonment replaced capital punishment for murderers, first for those whose sentences were commuted and later for those whose crimes were not "aggravated" within the meaning of the Homicide Act 1957. To begin with, it was fairly common for those sentenced to life to be released in around 10 to 15 years. As time passed, it came to be thought that longer sentences should be imposed, especially in cases such as the Moors murders, Peter Sutcliffe and Dennis Nilsen. The home secretary was empowered to make whole-life orders to ensure that particularly dangerous or heinous criminals served their life sentences without the possibility of parole. As of 2006, prisoners sentenced to mandatory life sentences served an average of 14 years and, for non-mandatory, the average stood at 9 years.

Criminal Justice Act 2003

Formerly, the home secretary reserved the right to set the "tariff" or minimum length of term for prisoners sentenced to life imprisonment. However, in November 2000, politicians were stripped of this power in relation to defendants aged under 18, following an appeal to the European Court of Human Rights by the murderers of James Bulger.HM Courts Service: Review of Minimum Terms set for Young Offenders detained at her Majesty's Pleasure (Statement from the Lord Chief Justice about the 2000 changes) , hmcourts-service.gov.uk; accessed 21 November 2017.

In November 2002, a similar decision in relation to adult offenders followed a successful challenge by convicted double murderer Anthony Anderson. Anderson had been sentenced to life imprisonment in 1988 with a recommended minimum term of 15 years, but the home secretary later informed him that he would have to serve at least 20 years. The House of Lords ruled that this was incompatible with his human rights. This judgment was upheld by the European Court of Human Rights. Since then, judges have set minimum terms and only the Court of Appeal or the Supreme Court of the United Kingdom can make any amendments to the sentence.

Although politicians can no longer decide when or if a life sentence prisoner can be considered for parole, the attorney general still has the power to petition the Court of Appeal in a bid to increase any prison terms that are seen as unduly lenient. This power can be exercised only within 28 days of the sentence and that limit cannot be extended under any circumstances.

The Criminal Justice Act 2003 sets out guidelines for how long murderers should spend in prison before being considered for parole. Judges are not obliged to follow the guidelines, but must give reasons in court if they depart from them – whether recommending a lesser or higher minimum term than in accordance with the guidelines.Schedule 21 of the Criminal Justice Act 2003 , legislation.gov.uk; accessed 21 November 2017.

The guidelines recommended that multiple murderers (who murder two or more people) whose crimes involved sexual abuse, pre-planning, abduction or terrorism should never be released from prison. Such a sentence is known as a "whole life order". The murder of a single child following abduction, sexual or sadistic conduct also qualifies, as does the murder of a police or prison officer during the course of their duty (since 2015) and murder committed to advance a political, religious or ideological cause – along with any murder that was committed by someone who had previously been convicted of murder. Other multiple murders (two or more) should carry a recommended minimum of 30 years as a starting point sentence prior to consideration of additional aggravating factors and of any mitigating factors.

A 30-year minimum should also apply to the worst single murders, including those with sexual or racial motives and the use of a firearm – until 2015, the murder of a police officer in the course of duty also came within this category. Most other murders should be subject to a 15-year minimum as a starting point. There have been numerous departures from these guidelines since they were first put into practice. For example, the judge who sentenced American fugitive David Bieber for the murder of a police officer said that he should never be released from prison, whereas statutory guidelines recommended a 30-year minimum for this type of murder – this was a decade before the act was amended to include the murder of a police officer in the course of duty as one of the offenders whose life sentences should mean life.

On 23 July 2008, David Bieber won a High Court appeal against the whole life tariff recommended by the trial judge, and was instead issued with a minimum term of 37 years, effectively meaning that he would not be released until at least 2041, by which time he would be 75 years old if still alive. In the case of Mark Goldstraw, who killed four people in an arson attack on a house in Staffordshire in 2006, the trial judge set a recommended minimum of 35 years; this crime met the guidelines for a whole life term as it involved planning and resulted in the death of more than one person.

Many life prisoners have received minimum terms, which, due to their length or the fact that the killer was middle aged or elderly when convicted, make it highly likely that they will never be released.

Specified 'life sentence' offences

Violent offences ActSection and OffenceCommon Law Manslaughter Kidnapping False imprisonmentOffences against the Person Act 1861 Section 4 (soliciting murder); Section 16 (threats to kill); Section 18 (wounding with intent to cause grievous bodily harm); Section 20 (malicious wounding); Section 21 (attempting to choke, suffocate or strangle in order to commit or assist in committing an indictable offence); Section 22 (using chloroform etc to commit or assist in the committing of any indictable offence); Section 23 (maliciously administering poison etc so as to endanger life or inflict grievous bodily harm); Section 27 (abandoning children); Section 28 (causing bodily injury by explosives); Section 29 (using explosives etc with intent to do grievous bodily harm); Section 30 (placing explosives with intent to do bodily injury); Section 31 (setting spring guns etc with intent to do grievous bodily harm); Section 32 (endangering the safety of railway passengers); Section 35 (injuring persons by furious driving); Section 37 (assaulting officer preserving wreck); Section 38 (assault with intent to resist arrest); Section 47 (assault occasioning actual bodily harm).Explosive Substances Act 1883 Section 2 (causing explosion likely to endanger life or property); Section 3 (attempt to cause explosion, or making or keeping explosive with intent to endanger life or property); Section 4 (making or possession of explosive under suspicious circumstances). Section 5 (punishment of accessories to offences of causing or attempting to cause explosions or making or possessing explosives) in a case where the offender is convicted on or after the day on which section 15 of the Counter-Terrorism and Sentencing Act 2021 comes into force.Infant Life (Preservation) Act 1929 Section 1 (child destruction)Children and Young Persons Act 1933 Section 1 (cruelty to children)Infanticide Act 1938 Section 1 (infanticide)Firearms Act 1968 Section 16 (possession of firearm with intent to endanger life); Section 16A (possession of firearm with intent to cause fear of violence); Section 17(1) (use of firearm to resist arrest); Section 17(2) (possession of firearm at time of committing or being arrested for offence specified in Schedule 1 to that Act); Section 18 (carrying a firearm with criminal intent).Theft Act 1968 Section 8 (robbery or assault with intent to rob); Section 9, where the offence is burglary with intent to—

(i)inflict grievous bodily harm on a person, or

(ii)do unlawful damage to a building or anything in it;

Section 10 (aggravated burglary); Section 12A (aggravated vehicle-taking), where the offence involves an accident which caused the death of any person.Criminal Damage Act 1971 Section 1 (arson) Section 1(2) (destroying or damaging property), other than an offence of arsonBiological Weapons Act 1974 Section 1 (developing certain biological agents and toxins or biological weapons) in a case where the offender is convicted on or after the day on which section 15 of the Counter-Terrorism and Sentencing Act 2021 comes into force.Taking of Hostages Act 1982 Section 1 (hostage-taking)Aviation Security Act 1982 Section 1 (hijacking); Section 2 (destroying, damaging or endangering safety of aircraft); Section 3 (other acts endangering or likely to endanger safety of aircraft); Section 4 (offences in relation to certain dangerous articles). Section 6(2) (inducing or assisting the commission of offences relating to safety of aircraft) in a case where the offender is convicted on or after the day on which section 15 of the Counter-Terrorism and Sentencing Act 2021 comes into force.]Nuclear Material (Offences) Act 1983 Section 1B (offences relating to damage to the environment) in a case where the offender is convicted on or after the day on which section 15 of the Counter-Terrorism and Sentencing Act 2021 comes into force;