Analysis Of The Whole Life Order Imposed Upon Wayne Couzens For The Murder Of Sarah Everard

• Published date: 05 October 2021
• Subject Matter: Litigation, Mediation & Arbitration, Criminal Law, Trials & Appeals & Compensation, Crime
• Law Firm: BCL Solicitors LLP
• Author: Mr Umar Azmeh

Umar Azmeh analyses the whole life order imposed upon Wayne Couzens by Lord Justice Fulford for the murder of Sarah Everard.

Introduction

Last week, Wayne Couzens was sentenced to life imprisonment with a whole life order in accordance with section 321(3) of the Sentencing Act 2020 for the murder of Sarah Everard. The sentencing Judge, Lord Justice Fulford, took account of the offences of kidnapping and rape in reaching the decision that the early release provisions contained within section 28 of the Crime (Sentences) Act 1997 would not apply to the defendant, meaning that he will never be released from custody (unless he successfully appeals his sentence).

Setting a minimum tariff for murder

When sentencing a defendant convicted of murder, a life sentence must be imposed under section 1 of the Murder (Abolition of Death Penalty) Act 1965. The sentencing Judge must then fix a minimum tariff that a defendant must serve before which they may be considered for parole i.e. that the early release provisions are to apply to that defendant. Alternatively, the sentencing Judge also has the option of making no such order i.e. a 'whole life order'.

In determining what tariff applies to a defendant, judicial discretion in this area is constrained by Schedule 21 to the Sentencing Act 2020. Schedule 21 identifies various 'starting point' tariffs depending on the circumstances of the murder in question, which can then be adjusted upwards or downwards depending on the aggravating and mitigating circumstances of each individual case.

Where the court considers that the seriousness of the offence (or the combination of the offence and one or more offences associated with it) is exceptionally high, and the offender was aged 21 or over when the offence was committed, the starting point is a whole life order (paragraph 2(1) of Schedule 21). Schedule 21 sets out various cases that would normally be categorised as being of 'exceptionally high' seriousness: (a) the murder of two or more persons, where each murder involves either a substantial degree of premeditation or planning, the abduction of the victim, or sexual or sadistic conduct, (b) the murder of a child if involving the abduction of the child or sexual or sadistic motivation, (c) the murder of a police officer or prison officer in the course of their duty where the offence was committed after 13 April 2015, (d) a murder done for the purpose of advancing a political, religious, racial or ideological cause, or (e) a murder by an offender previously convicted of murder (paragraph 2(2) of Schedule 21).

Where the court considers that the seriousness of...