The Life Sentence: Recent Changes and Current Concerns
| Author | Martin Gosling |
| Published date | 01 October 1996 |
| Date | 01 October 1996 |
| DOI | http://doi.org/10.1177/0032258X9606900405 |
| Subject Matter | Article |
MARTIN GOSLING
Senior Probation Officer, HMP Norwich
THE LIFE SENTENCE: RECENT
CHANGES AND CURRENT
CONCERNS
Introduction
In the late 1950s, life sentence prisoners in England and Wales numbered
140. At the end of June 1996, there were 3,489, including 124 women,
and the number rises steadily. For those who wish to understand better
the current debate around lifers, it may be helpful to consider the
distinction between the main categories - divisions that did not apply
prior to the 1957 Homicide Act.
Mandatory life sentence prisoners
When a defendant aged 21 or over, is convicted of murder, the
sentencing Judge has no option other than to impose a sentence of life
imprisonment. This category represents roughly 80
per
cent of current
lifers.
Discretionary life sentence prisoners -manslaughter
Section 2 of the 1957 Act introduced the concept of diminished
responsibility and the consequent offence of manslaughter. A life
sentence in these cases is not mandatory but, nevertheless, this category
represents about 10
per
cent of today's lifer population.
Discretionary lifers -dangerous, non-homicide cases
There are more than 50 offences which carry a potential sentence of
life imprisonment, including rape, buggery, arson and kidnapping. This
category accounts for the remaining 10
per
cent of the lifer population.
The Concepts of Tariff and
Risk
Uniquely, life sentences are indeterminate and may, and sometimes do,
result in prisoners being in custody for the remainder of their natural
lives. However, at the point of sentence the exact period to be spent in
custody is not known as it is constituted from two factors; "the tariff",
which represents the period of time which must be served in order to
meet the requirements of retribution and deterrence and "the risk" phase
of the sentence. This is time served in custody beyond the tariff date
because of the degree of danger the prisoner is seen to represent to the
community if released.
The tariff
In 1983 Mr Leon Brittain, then Home Secretary, brought a degree of
308 The Police Journal October 1996
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