Series 2 Episode 1 - When life means life - life sentences for murder and other offences

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Defence Barrister Podcast

Chris Kessling

27 episodes

18 hours ago

How does the criminal justice system really work? From the police station, to trial, sentence and all the way to appeals, criminal barrister Chris Kessling takes you through the world of the criminal courts in England & Wales. Using real case examples, this podcast will enable you to navigate the criminal courts yourself and fully understand how they operate in practice. If you are accused of a crime, are a victim of crime, or are going to court as a witness - if you want to know the details of what to expect at trial, sentencing or the appeals process - this weekly podcast will bring the whole court system to life. Backed up by the hugely popular Defence-Barrister.co.uk website, the criminal justice system will never have been made so clear.

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Series 2 Episode 1 - When life means life - life sentences for murder and other offences

Defence Barrister Podcast

44 minutes 36 seconds

1 year ago

Series 2 Episode 1 - When life means life - life sentences for murder and other offences

When do judges impose life sentences, how do they decide on the minimum term, and when does life really mean life?

DESCRIPTION

Please note: in this episode some of the content contains descriptions of cases of murder and other forms of serious violence, so listener discretion is advised.

Today, in the first episode of Series 2 of the Defence Barrister Podcast, Aidan Johnson faces sentencing for the murder of Daniel Clarke.

To understand life sentences, we look at when judges can impose life sentences, when does life really mean life, and when it doesn’t, how do they decide on the minimum term?

Life sentences are mandatory in murder cases, but discretionary life sentences can also be imposed for defendants who are considered to be dangerous offenders, as well as defendants who are convicted of a really serious offence, but not for the first time. We delve into the detail of how this works.

And when does life actually mean life? In this episode we find out, as well as how judges set the minimum term (the tariff) in other murder cases which, whilst serious, allow a prisoner some prospect of release.

How does the minimum term work and what approach will the parole board take to releasing a prisoner when the minimum term is served?

By the end of this episode, you will have been taking through the various starting points for setting the minimum terms in murder cases, as well as how that starting point can be adjusted up or down depending on the aggravating and mitigating circumstances in a case, and what these are.

You will also hear accounts from cases that have been through the courts and why judges have imposed particular levels of sentence in a variety of murder cases.

And then you will be ready to fully understand the process which Aidan Johnson is about to experience for himself.

I hope you enjoy this episode and I look forward to you joining me again for the the next episode and the rest of Series 2.

As ever, thank you for listening.

NOTES

Throughout this podcast I have referred to legislation, cases and to further information and reading. Becoming a member of Defence-Barrister.co.uk gives you access to information on what is covered in this podcast on Life Sentences, as well as detailed guides and information on trials, sentencing and appeals. https://www.defence-barrister.co.uk/subscribe

The principal legislation governing the imposition of life sentences is the Sentencing Act 2020 (also known as the Sentencing Code) https://www.legislation.gov.uk/ukpga/2020/17/contents

PLEASE NOTE:

It is a pleasure to hear from you and to answer your questions, but due to the matters set out below please understand that there are certain questions I am unable to respond to:

Please bear in mind that this podcast is for general information purposes only and does not constitute legal advice.

I am unable to provide legal advice on your specific case. If you require legal advice about a specific case or legal problem it is vital that you seek legal advice from a legal professional, such as a barrister or solicitor.

Due to contempt of court provisions and other legal requirements, I am limited in what I can say about ongoing legal proceedings in any court.

The story, all names, characters, and incidents portrayed in this podcast are fictitious. No identification with actual persons (living or deceased), places, buildings, and products is intended or should be inferred.

Thank you for your understanding.

CONTACT

Email: podcast@defence-barrister.co.uk

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External links to (and provision of information from) .gov.uk websites, the sentencing council website (sentencingcouncil.org.uk), the Judiciary website (judiciary.uk) and other information subject to Crown copyright is provided under the terms of the open goverment licence.