Murder of Sarah Payne - Whiting's Sentence

Whiting's Sentence

On 24 November 2002, Home Secretary David Blunkett ordered that Roy Whiting must serve a minimum of 50 years in prison. This made him ineligible for parole until 2051, when he would be 92 years old. Within 48 hours of the ruling being made, the Law Lords and the European Court of Human Rights had ruled in favour of another convicted murderer (Anthony Anderson) who was challenging the right of politicians to decide how long a murderer must spend in prison before being considered for parole.

In June 2004, it was confirmed that Whiting would be applying to the Court of Appeal for a new minimum term to be set. On 9 June 2010, Whiting's appeal resulted in his 50-year jail term being reduced by 10 years by a High Court judge. Whiting's lawyers argued that the 50-year tariff, imposed just before the power of Home Secretaries to determine how long prisoners sentenced to life should serve lapsed, was politically motivated. Mr Justice Simon said that under 2010 sentencing guidelines, Whiting may have received a whole life tariff, but apparently arrived at the 40-year term by retroactively applying guidelines from the time of the original sentencing. Whiting is now serving a 40-year minimum term, which is set to keep him in prison until at least 2041, when he will be 82. Payne's mother, Sara, was present and said she was "disappointed" by the decision and "life should mean life".

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