Regina v. Bieber

In: International law reports, Band 156, S. 402-423

Abstract

402Human rights — Prohibition of torture and inhuman or degrading treatment or punishment — Article 3 of European Convention on Human Rights, 1950 — Whether whole-life order infringing Article 3 of European Convention — Strasbourg jurisprudence — Kafkaris v. Cyprus — Irreducible life sentences possibly raising issue under Article 3 — Circumstances in which issue raised — Nature of issue raised — Test for deciding whether life sentence reducible — Whether whole-life order amounting to ill-treatment contrary to Article 3 of European Convention on Human Rights, 1950Treaties — Interpretation — European Convention on Human Rights, 1950, Article 3 — Scope — Article 3 of European Convention prohibiting torture and inhuman or degrading treatment or punishment — Whether whole-life order infringing Article 3 — Strasbourg jurisprudence — Kafkaris v. Cyprus — Whether ruling irreducible sentence imposed by judge as appropriate punishment and deterrence for very serious offence resulting in detention violating Article 3 — Whether whole-life term irreducible sentence — Discretionary power of Secretary of State to release life prisoner — When potential Article 3 violation occurring — When Article 3 challenge could be madeRelationship of international law and municipal law — Treaties — European Convention on Human Rights, 1950 — Domestic jurisprudence — European jurisprudence and other material — Strasbourg jurisprudence — Kafkaris v. Cyprus — Duty of national courts — United Kingdom law — Irreducible life sentence imposed by a judge to reflect appropriate punishment and deterrence for very serious offence — Whether Kafkaris ruling that sentence resulting in detention violating Article 3 of European Convention — Views of Council of Europe Member States — Views of United Kingdom — Schedule 21 to United Kingdom Criminal Justice Act 2003 — Irreducible life sentence imposed by judge to reflect appropriate punishment and deterrence for very serious offence — Whether resulting in detention infringing Article 3 of European Convention — Whether whole-life term irreducible sentence — Discretionary power of Secretary of State to release life prisoner — Requirement that United Kingdom comply with European Convention — The law of England