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

Published date14 October 2021
Subject MatterLitigation, Mediation & Arbitration, Criminal Law, Court Procedure, Trials & Appeals & Compensation, Crime
Law FirmBCL Solicitors LLP
AuthorMr 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 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 on or 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)).

Where the court considers that the seriousness of the offence (or the combination of offences) is particularly high, and the offender was aged 18 or over when the offence was committed, the...

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