| 单词 | life imprisonment |
| 释义 | life imprisonment In practice the imprisonment may often not be for life (see parole). When imposing life imprisonment for murder, the judge may make a recommendation that the defendant should serve a minimum term (number of years). Under the Criminal Justice Act 2003 sch 21, paras 4 to 11, there is a detailed scheme of general principles that act as guidelines in the determination of the minimum term to be served as part of the mandatory life sentence for murder. Following the decision in R (Anderson) v Secretary of State for the Home Department [2003] 1 AC 837, it was ruled that the Home Secretary’s power to set a minimum term to be served for life imprisonment for murder was incompatible with article 6(1) of the European Convention on Human Rights, which gives the offender the right to have his sentence imposed by an independent tribunal. For the most serious cases, an offender may be sentenced to a life sentence with a whole life order. This means that their crime was so serious that they will never be released from prison. In Hutchinson v UK (2015) 69 EHRR 393 (13) a prisoner appealed against his whole life order on the grounds that it infringed Article 3 of the Human Rights Act (“No one shall be subjected to torture or to inhuman or degrading treatment or punishment”). The appeal was rejected. |
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