Murder in English Law - Sentencing

Sentencing

The sentence for murder is, in all cases, mandatory and depends upon the age of the offender at the time of the crime or conviction. Where a person convicted of murder appears to the court to have been aged under eighteen at the time the offence was committed, the court must sentence him to be detained during Her Majesty’s pleasure. In any other case, where a person aged under twenty-one is convicted of murder the court must sentence him to custody for life. In any other case, a person convicted of murder must be sentenced to imprisonment for life.

Since the abolition of capital punishment, murder has carried a mandatory life sentence in English law. As of 2011 this comprises three elements:

1. A minimum term, often called a "tariff", set by the judge, representing retributive justice without any prospect of parole. This may be appealed by the individual or, if considered unduly lenient, by the Attorney General;
2. Until otherwise decided, continuing incarceration running from the expiry of the minimum term until the parole board considers the person may safely be "released on licence", i.e., upon conditions known as "early release provisions", based upon consideration of the risk posed to the public by the person;
3. At any time the licence may be revoked and the offender recalled to prison until it is considered safe to release him or her again on licence. This element does, in a real sense, represent a life sentence and affords a degree of ongoing deterrence and improved public safety after release.