Whole of Life Tariffs in the Shadow of Europe: Penological Foundations and Political Popularity

Abstract

AbstractThis article explores the escalating conflict between European judges and domestic politicians over the issue of whole of life tariffs. After the decision of the European Court of Human Rights (ECtHR) in Vinter and Others v. the United Kingdom and the subsequent decision of the Court of Appeal in R v. McLoughlin, there has been a very public tension between the two sides over reviewing prisoner sentences. When bids for release have previously been made by whole life prisoners, most infamously Myra Hindley, the political mood has been defiant. Now Europe has decreed that such prisoners are entitled to an enhanced review of their sentence beyond the possibility of executive release owing to terminal illness, the political stance has further hardened. Instead of enhanced sentence review, the response to Europe has been the announcement of widening the applicability of the tariff to those who kill police or prison officers.