Re Attorney-General’s Reference No 69 of 2013; Regina v. McLoughlin; Regina v. Newell

Abstract

Human rights — Prohibition of torture and inhuman or degrading treatment or punishment — Article 3 of European Convention on Human Rights, 1950 — Statutory scheme established by Parliament for sentencing adult guilty of murder — Power of judge to impose whole life order under Criminal Justice Act 2003 — Regime for reducibility — Power of Secretary of State under section 30 of Crime (Sentences) Act 1997 — Strasbourg jurisprudence — Vinter v. United Kingdom — Just punishment for heinous crimes — Margin of appreciation for States — Whether statutory scheme established by Parliament compatible with Article 3 of European Convention on Human Rights, 1950

Treaties — European Convention on Human Rights, 1950 — Interpretation — Scope — Article 3 of European Convention prohibiting torture and inhuman or degrading treatment or punishment — Article 3 of European Convention as interpreted by Strasbourg Court — Statutory scheme enacted by Parliament for sentencing an adult guilty of murder — Provision for imposition of whole life order — Power of Secretary of State to reduce sentence — Strasbourg jurisprudence — Vinter v. United Kingdom — Whether English judge having power to impose whole life order as just punishment — Whether power of Secretary of State providing prospect of release and possibility of review of life sentence — Compatibility of statutory scheme with Article 3 of European Convention on Human Rights, 1950

Relationship of international law and municipal law — Treaties — European Convention on Human Rights, 1950 — Strasbourg jurisprudence — Human Rights Act 1998, section 2 — Duty of English court to take into account judgment of Strasbourg Court — Vinter v. United Kingdom — English law giving judge power to impose whole life order as just punishment for heinous crimes — Whether Vinter judgment seeking to impugn provisions of Criminal Justice Act 2003 — Regime for reducibility under English law — English cases concluding regime for reducibility compatible with Article 3 of European Convention — Vinter subsequently concluding regime for reducibility under English law incompatible with Article 3 — Whether power of Secretary of State to reduce sentence regime for reducibility compatible with Article 3 of European Convention — Whether English judges to continue to apply statutory scheme — The law of England