Peer-Reviewed Journal Details
Mandatory Fields
Coffey, G.
2021
December
New Journal of European Criminal Law
An exploration of ECtHR jurisprudence governing the administration of release processes for life and long-term sentence prisoners: Perspectives from the United Kingdom
Published
0 ()
Optional Fields
EUROPEAN COURT HUMAN-DIGNITY HUMAN-RIGHTS WHOLE PAROLE REHABILITATION IMPRISONMENT EXCEPTIONALISM CONVENTION STRASBOURG
12
594
621
The purpose of the research themes examined in this article is to contribute to the ongoing debate pertaining to substantive criminal laws and procedures governing sentence reviews of prolonged detention for life and long-term sentence prisoners in accordance with Article 5(4) ECHR. The incompatibility of whole life irreducible sentences with Article 3 ECHR is examined through the lens of the ECtHR judgment in Vinter, Moore and Bomber v United Kingdom. The analyses of ECtHR jurisprudence is heavily skewed towards the administration of indeterminate life, and by analogy long-term determinate sentences, in the United Kingdom which is an outlier jurisdiction in a European context given that, in conjunction with Turkey, it accounts for the majority of persons serving life sentences. The article focuses on pertinent ECHR provisions and associated ECtHR jurisprudence, with perspectives from the United Kingdom on their implementation as a case study. While key themes are disinterred from the ECtHR's jurisprudence that will presumably inform sentence review procedures in European states, a broader analysis of release systems operative in a European context is beyond the scope of the article.
THOUSAND OAKS
2032-2844
10.1177/20322844211061551
Grant Details