A Vinter retreat in Europe

Abstract

In Vinter and Others v. United Kingdom, the Grand Chamber of the European Court of Human Rights held that domestic procedures for reviewing whole life prison sentences in England and Wales were in breach of Article 3 of the European Convention on Human Rights. In response, the domestic Court of Appeal declined to revise those procedures, or the material relating to them, and held that the Grand Chamber was incorrect in its finding; the law did in fact give prisoners hope for future release. Rather than reasserting the reasoning and findings of Vinter, the Grand Chamber has been appeased by the clarification offered by the UK court. The contradictions in that retreat from the Vinter judgement are analysed here and the future standing of the court is prophesized in relation to that decision.