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Wales Online
Wales Online
Politics
Cathy Owen

Why life sentences don't mean life in prison as David Carrick gets 36 of them in one

Disgraced Metropolitan Police rapist David Carrick has been sentenced to 36 life sentences but will serve a minimum term of 30 years and 239 days in prison for attacking a dozen women over a 17-year period. The 48-year-old was accused of 85 offences in total including more than 20 rapes against 12 victims between 2003 and 2020 while he was a serving officer in an elite and armed unit of the Met.

The judge Mrs Justice Cheema Grubb said his conviction “represents a spectacular downfall for a man charged with upholding the law”. She said the “wholly exceptional circumstances” test for a whole-life prison tariff were not met and that the “implicit and explicit use of his occupation” was the key aggravating factor.

Carrick, who served in the Army before joining the Met, previously pleaded guilty to 49 charges relating to a dozen women. Some are multiple-incident counts meaning they relate to at least 85 separate offences including at least 71 sexual offences and 48 rapes.

David Carrick (Metropolitan Police/PA Wire)

A statement from Womens' Aid said: "Though 17 years, 12 victims, and at least 85 offences too late the life sentencing of David Carrick is the only acceptable sentence for his grave abuse of power. We commend the bravery and courage of the women who spoke up against him."

There were hundreds of protesters outside the courtroom as Carrick was sentenced live. You can see more about the sentencing here. Following the hearing questions have been asked about why a life sentence does not mean he will spend the rest of his life behind bars. To help judges be consistent they refer to sentencing guidelines, which help ensure similar offences are given similar punishments across all the courts in England and Wales.

Judge Mrs Justice Cheema-Grubb during a live broadcast from Southwark Crown Court, London, delivering her remarks ahead of the sentencing of PC David Carrick (PA)

Life sentences are reserved for the most serious crimes like murder, aggravated sexual assault, and kidnapping. However this doesn’t mean that someone convicted of these crimes will spend their entire life in jail. Such maximum sentences are reserved for the most serious cases.

The Sentencing Council says when someone is given a life sentence they will be subject to that sentence for the rest of their life. "When a judge passes a life sentence they must specify the minimum term an offender must spend in prison before becoming eligible to apply for parole (sometimes called the tariff)," the council states.

"There is one exception to this rule, which is when a judge passes a ‘whole-life order’. This sentence means that the offender must spend the rest of their life in prison. A life sentence always lasts for life, whatever the length of the minimum term."

Parliament has decided that judges give a life sentence to all offenders found guilty of murder with the judge setting a minimum term an offender must serve before they can be considered for release by the Parole Board. There is a Sentencing Code schedule that set out examples of the different types of cases and the starting point that the minimum term would usually be applied.

Those placed in immediate custody by the courts go straight to jail. For about 90% of such sentences an automatic release is granted half-way through the sentence. The offender is then on licence for the remainder of it. The offender will be released only once they have served the minimum term and if the Parole Board is satisfied that detaining the offender is no longer necessary for the protection of the public.

The Sentencing Council says: "If released an offender serving a life sentence will remain on licence for the rest of their life. If they are ever thought to be a risk to the public they could be recalled to prison. They do not need to have committed another offence in order to be recalled."

For the most serious cases of murder an offender may be sentenced to a life sentence with a whole-life order. This means that their crime was so serious that they will never be released from prison. As of June 30, 2020, there were 63 whole-life prisoners and an additional three life prisoners being treated in secure hospitals. Take a look at the criminals handed a whole-life prison sentence for their unspeakably evil crimes

There are a number of crimes – such as rape or robbery – for which the maximum sentence is life imprisonment. This does not mean that all or most offenders convicted of these offences will get life. Parliament has made provisions that deal with how offenders who are considered dangerous or who are convicted of a second very serious offence may be sentenced to imprisonment for life. This is a summary of the main provisions from the Sentencing Council

Life sentence for serious offences

A sentence of imprisonment for life must be imposed where the following criteria are met:

  • the offender is convicted of an offence listed in Schedule 19 of the Sentencing Code; and
  • the offence was committed on or after 4, April 2005; and
  • in the court’s opinion the offender poses a significant risk to the public of serious harm by the commission of further specified offences; and
  • the court considers that the seriousness of the offence justifies the imposition of imprisonment for life.

Life sentence for second listed offence

The court must impose a sentence of imprisonment for life where :

  • the offender is convicted of an offence listed in Schedule 15 of the Sentencing Code; and
  • the court would impose a sentence of imprisonment of 10 years or more for the offence; and
  • the offender has a previous conviction for a listed offence for which he received a life sentence with a minimum term of at least five years or a sentence of imprisonment of at least 10 years;
  • unless it would be unjust to do so in all the circumstances.

The Sentencing Council says: "In both situations the judge will set a minimum term that the offender must serve in prison. At the end of that term the offender can apply to the Parole Board for release on licence but will be released only if they are no longer considered to be a risk to the public. If released the offender would be subject to certain conditions and, if the conditions are broken or the offender is considered to be a risk to the public, they will be sent back to prison."

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