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Written Question
Homicide: Sentencing
Monday 6th November 2017

Asked by: Lord Bradley (Labour - Life peer)

Question to the Ministry of Justice:

To ask Her Majesty's Government what was the average tariff period imposed for murder in each year since 1990.

Answered by Lord Keen of Elie

The average tariff given to offenders receiving life sentences for murder, in England and Wales between 2005 to 2016 can be viewed in the table below. Information prior to 2005 is held in court records and not centrally, so could only be obtained at disproportionate cost.

Table 1: Average tariff(1) given to offenders receiving life sentences for murder, England and Wales, 2005 to 2016(2)(3).

Year

Life sentences for murder(5) (average tariff, years)

2005

16.0

2006

17.6

2007

16.3

2008(4)

18.9

2009

18.3

2010

19.2

2011

19.3

2012

20.6

2013

21.2

2014

20.7

2015

21.2

2016

21.3

. = No automatic life sentence given or all tariff lengths missing Source: Court proceedings database (1) Averages exclude tariffs that are missing or whole life (recorded as ‘99 years’ in the data). (2) Every effort is made to ensure that the figures presented are accurate and complete. However, it is important to note that these data have been extracted from large administrative data systems generated by the courts and police forces. As a consequence, care should be taken to ensure data collection processes and their inevitable limitations are taken into account when those data are used. Please note that there is variable completeness of recorded tariff length over the years, with lower completeness in certain years. (3) Data are given on a principal disposal basis - i.e. reporting the most severe sentence for the principal offence. (4) Excludes data for Cardiff magistrates' court for April, July and August 2008. (5) This includes all life sentences for murder. Source: Justice Statistics Analytical Services - Ministry of Justice.


Written Question
Homicide: Reoffenders
Tuesday 24th November 2015

Asked by: Lord Tebbit (Conservative - Life peer)

Question to the Ministry of Justice:

To ask Her Majesty’s Government how many offenders with previous convictions for homicide were convicted of homicide in 2014.

Answered by Lord Faulks

A life sentence is mandatory on conviction for murder and a whole life order starting point applies to a murder by an offender previously convicted of murder.


The table shows the number of offenders with previous convictions for homicide by offenders convicted of homicide in 2014.


Table: Number of previous convictions for homicide2 by people convicted of homicide1 in each year from 2009 to 2014





Number of offenders with a previous conviction(s) for homicide

Year

2009

3


2010

9


2011

14


2012

8


2013

9


2014

5





Source: Police National Computer (PNC)




1. All offender figures are based on counting the number of sentencing occasions for an homicide offence committed by offenders who were prosecuted by police forces in England and Wales including the British Transport Police. Offenders who have been convicted on more than one occasion during the year and across the years will be represented in the table several times.

2. All previous conviction figures are based on counting the number of convictions on which offenders have previously been convicted for a homicide offence recorded on the Police National Computer, including some offences committed outside of England and Wales.

  1. Homicide is defined by the following crimes and may include different crimes to other published data:

  • Common Law Murder of persons aged 1 year or over.
  • Common Law Murder of infants under 1 year of age.
  • 'Common Law.' & 'Offences against the Person Act 1861' S.5;9;10. Manslaughter
  • Infanticide Act 1938. Infanticide
  • Infant Life Preservation Act 1929. Child destruction
  • Road Traffic Act 1988 Sec.1 ( 1 ). As amended by the Road Traffic Act 1991 S.1 & CJA 1993 S.67 Causing death by dangerous driving.
  • Homicide Act 1957, Sec.2. Manslaughter, Diminished Responsibility.
  • Road Traffic Act 1988 Sect3 A. as added by the RTA 1991 S.3 & amended by CJA 1993 S.67. Causing death by careless driving when under the influence of drink or drugs
  • Cause/allow death of a child or vulnerable person. Domestic Violence, Crime & Victims Act 2004 S.5
  • Causing death by careless or inconsiderate driving; Road Traffic Act 1988 S.2B as added by Road Safety Act S.20
  • Causing death by driving: unlicensed, disqualified or uninsured drivers; Road Traffic Act 1988 S.3ZB as added by Road Safety Act S.21
  • Corporate manslaughter / homicide
  • Theft Act 1968 S.12A as added by the Aggravated Vehicle Taking Act 1992 S.1 - Aggravated taking where owing to the driving of the vehicle an accident occurs causing the death of any person



Homicide includes among others, the offences of murder, manslaughter, infanticide, corporate manslaughter and causing death by dangerous or careless driving. See footnote 3 for all types of homicides.


Written Question
Homicide: Sentencing
Tuesday 30th June 2015

Asked by: Philip Davies (Conservative - Shipley)

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what the average length of sentence was served by people convicted of murder in each of the last five years.

Answered by Andrew Selous - Second Church Estates Commissioner

All murder convictions must result in a life sentence and the court determines the appropriate minimum term to be served in custody in each case before the offender can be considered for release on life licence by the Parole Board. The average time spent in custody before release by offenders serving mandatory life sentences for murder has increased from 13 years in 2004 to 17 years in 2014.

The average time served in custody by people convicted of murder in each of the last five years is not known. Information is available in relation to offenders serving mandatory life sentences for murder who have been released in the last five years. This is included in the Offender Management Statistics Quarterly, Prison Releases Annual Tables, Table A3.3 “Number of first indeterminate releases and average time served”: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/424903/prison-releases-annual-2014.xlsx .


Written Question
Homicide
Monday 23rd February 2015

Asked by: Dan Jarvis (Labour - Barnsley Central)

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what progress has been made in implementing each of the recommendations of the review into the needs of families bereaved by homicide, published by his Department in July 2011.

Answered by Mike Penning

In July 2011 we published the Review into the Needs of Families Bereaved by Homicide by Louise Casey (then Victims’ Commissioner). She made a wide range of recommendations. Since then we have worked closely with victims and victims’ organisations and the report’s findings have played a critical role in informing our approach to ensuring that families get the help they need.

This includes plans to implement a victims law to put into statute the right of the victim to tell a court how a crime has affected them, providing families of homicide victims with a copy of the judge’s sentencing remarks following the trial, and funding a dedicated national Homicide Service with more than £2million a year to support those affected by homicide at home and abroad.

Further information requested is in the table attached.


Written Question
Trials
Monday 2nd February 2015

Asked by: Jeremy Corbyn (Independent - Islington North)

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, if he will give transcripts of trials to the families of murder victims.

Answered by Mike Penning

The Ministry of Justice provides families of homicide victims with a copy of the judge’s sentencing remarks in any case of murder, manslaughter or offences of causing death on the road.

Upon request, Her Majesty Courts and Tribunal Service will consider providing transcript of other key parts of the trial.


Written Question
Homicide: Sentencing
Tuesday 8th July 2014

Asked by: Craig Whittaker (Conservative - Calder Valley)

Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what steps he is taking to review sentences given for (a) murder and (b) manslaughter where the offence was a one-punch killing.

Answered by Jeremy Wright

A life sentence is mandatory for murder and there is statutory guidance to the courts in determining the appropriate minimum term when sentencing. Manslaughter has a maximum penalty of life imprisonment and, within that maximum penalty, it is necessary that judges are able to sentence according to all the factors in each case. There is no sentencing guideline on unlawful act manslaughter but there is case law to assist the courts.

Following the comments of the Attorney General and the Court of Appeal in the case of Lewis Gill, the Government considers that clarification of sentencing in manslaughter cases would assist the courts in these difficult cases and be helpful to the public. The Secretary of State for Justice therefore wrote to Lord Justice Treacy, the Chair of the Sentencing Council, on 8 May 2014 to make a formal request that the Council gives consideration to producing guidance on the sentencing of these cases.