[ ] I N T R O D U C T I O N During the period May – June , the European Court of Human Rights made a number of decisions clarifying the law. Article – Right to liberty and security It may now be regarded as established in UK domestic law that there is no distinc- tion between mandatory life prisoners, discretionary life prisoners and juvenile murderers as regards the nature of tariff-fixing. It is a sentencing exercise. The mandatory life sentence does not impose imprisonment for life as a punishment. The tariff, which reflects the individual circumstances of the offence and the of- fender, represents the element of punishment. Once the punishment element of the sentence (as reflected in the tariff ) has been satisfied, the grounds for the con- tinued detention, as in discretionary life and juvenile murderer cases, must be considerations of risk and dangerousness. ( Stafford v. the United Kingdom ) The Court cannot accept that a decision-making power by the executive to detain an applicant on the basis of perceived fears of future non-violent criminal conduct unrelated to his original murder conviction accords with the
Human Rights Case Digest – Brill
Published: Jan 1, 2002
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