Analysis Of The Whole Life Order Imposed Upon Wayne Couzens ' Umar Azmeh Writes For The Barrister

• Published date: 14 October 2021
• Law Firm: BCL Solicitors LLP
• Author: Mr Umar Azmeh

BCL associate Umar Azmeh's article 'Analysis of the whole life order imposed upon Wayne Couzens for the murder of Sarah Everard' has been published by The Barrister.

Here's an extract from the article:

In September 2021, 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, Fulford LJ, 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 (unless he successfully appeals his sentence).

Minimum tariffs 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 tariff that a defendant must serve before which they may be considered for parole, or make 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, which identifies various starting point tariffs. It was immediately clear that only two starting points were potentially relevant in this case: a whole life order or 30 years.

Where the court considers that the seriousness of the offence (or the combination of offences) 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)). Schedule 21 sets out...