Michael Howard - Member of Parliament - Home Secretary

Home Secretary

As Home Secretary he pursued a tough approach to crime, summed up in his sound bite, "prison works". During his time as Home Secretary, offences fell by 16.8 per cent.

Howard repeatedly clashed with judges and prison reformers as he sought to clamp down on crime through a series of 'tough' measures, such as reducing the right to silence of defendants in their police interviews and at their trials as part of 1994's Criminal Justice and Public Order Act. Howard voted for the reintroduction of the death penalty for the killing of police officers on duty and for murders carried out with firearms in 1983 and 1990, though he voted against it for cold-blooded and premeditated murder in 1987 and 1990. However, in 1991 he changed his mind and became against the reintroduction of the death penalty, regardless of the crime, and voted against it again in February 1994.

In 1993, after the murder of James Bulger, two eleven-year old boys were convicted of his murder and sentenced to be detained at Her Majesty's pleasure, with a recommended a minimum term of eight years. Lord Taylor of Gosforth, the Lord Chief Justice, ordered that the two boys should serve a minimum of ten years. The editors of The Sun newspaper handed a petition bearing nearly 280,000 signatures to Howard, in a bid to increase the time spent by both boys in custody. This campaign was successful, and in July 1994 Howard announced that the boys would be kept in custody for a minimum of fifteen years, meaning that they would not be considered for release until February 2008, by which time they would be 25 years of age.

Former Master of the Rolls Lord Donaldson criticised Howard's intervention, describing the increased tariff as "institutionalised vengeance ... a politician playing to the gallery". The increased minimum term was overturned in 1997 by the House of Lords, who ruled that it was "unlawful" for the Home Secretary to decide on minimum sentences for young offenders. The High Court and European Court of Human Rights have since ruled that, though the parliament may set minimum and maximum terms for individual categories of crime, it is the responsibility of the trial judge, with the benefit of all the evidence and argument from both prosecution and defence counsel, to determine the minimum term in individual criminal cases.

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