Police and prison officer killers to face life in prison
8 May 2014 11:43 AM
Anyone who kills a
police or prison officer in the course of their duty will face spending the
rest of their lives behind bars, Justice Secretary Chris Grayling has
announced.
The changes to the law being
made by the Ministry of Justice will mean that judges will start by considering
a whole life term when deciding the sentence for killing either a police or
prison officer in the course of their duty. This is an increase from the
current starting point of a 30-year minimum term. Judges would retain the
discretion to determine the appropriate sentence in each case - a whole life
term will not be mandatory.
Justice Secretary Chris Grayling
said:
Police officers play a vital
role in keeping communities safe. As has been tragically demonstrated in recent
years, this role is a dangerous one which can lead to officers paying the
ultimate price while serving their community.
On a daily basis, prison
officers are also asked to protect the public by dealing with violent offenders
and standing in the way of criminals in order to keep the
peace.
It is essential that police and
prison officers feel the full weight of the state is behind them as they fulfil
their crucial duties. Changing the starting point for this offence sends a
clear message that the Government supports the work that these vital public
servants play.
The measure is being introduced
by amendment to the Criminal Justice & Courts Bill, which includes a wide
range of tough sentencing measures, including plans to:
-
Make criminals contribute
towards the costs of running the courts system by imposing a new charge at the
point of conviction.
-
Introduce a new offence with a
punishment of up to two years in prison for criminals who go on the run while
serving the non-custodial element of their sentence.
-
End the automatic half-way point
release for criminals convicted of rape or attempted rape of a child, or
serious terrorism offences, and no longer automatically releasing offenders who
receive the tough Extended Determinate Sentence (EDS) two-thirds of the way
through their custodial term.
-
Stop criminals receiving
cautions for serious offences, and for less serious offences stop them
receiving a second caution for the same, or similar, offence committed in a
two-year period.
Notes to
editors
A life sentence is mandatory on
conviction for murder. The sentencing court must assess the seriousness of all
cases in order to determine the appropriate minimum term to be imposed. The
minimum term is the period which the offender must serve in prison for the
purposes of punishment and deterrence before being considered for possible
release by the Parole Board.
There is statutory guidance to
the courts setting out the principles to which it must have regard when
determining the appropriate minimum term. The guidance sets out four starting
points for adult offenders and gives examples of the type of case which would
fall into these categories. Currently, the murder of a police or prison officer
in the course of duty has a starting point of a minimum term of 30
years.
The court chooses the
appropriate starting point and then considers any additional aggravating or
mitigating factors in the particular case before arriving at the final
sentence, which may be higher or lower than the starting
point.