In July, the European Court of Human Rights ruled that a ‘whole life’ sentence, forcing murders to die in prison, is inhuman and degrading after an appeal was brought by Jeremy Bamber, who murdered five members of his family in 1985.
The Strasbourg based Court proposed that those serving life without the possibility of parole should have their cases reviewed after 25 years, after which they could be freed.
The ruling sparked a furious reaction from figures within the government. However, there is no right of appeal against the ruling and the government has six months to act upon the ruling.
Arthur Hutchinson has lodged the first challenge of a ‘life means life’ prison sentence following the European Court of Human Rights ruling.
Mr. Hutchinson is serving a ‘whole life’ sentence for stabbing Basil and Avril Laitner and their son Richard, before raping their 18-year-old daughter Nicola at knifepoint on the night of a family wedding in October 1983.
Durham Crown Court ruled that Mr. Hutchinson should serve 18 years. However, then Home Secretary Leon Brittan later ruled Mr. Hutchinson should serve life.
Mr. Hutchinson has already brought a challenge against the sentence in the courts. Just five years ago the Court of Appeal ruled that there was ‘no reason at all’ to depart from the sentence.
Mr. Justice Tugendhat noted that:
[t]hese were exceptionally serious murders, and it is right that the applicant should remain in prison for the rest of his life by way of punishment.
The government has already been asked to provide an official response to the claim by Arthur Hutchinson. This could lead to a full hearing in 2014. If the Court rules in favour of Mr. Hutchinson, he could win the right to be freed.
