§ Mr. Alex Carlileasked the Secretary of State for the Home Department (1) with respect to prisoners serving life sentences for offences other than murder, if he will explain in greater detail than in the statement of 30 November 1983 by his predecessor, the significance he attaches to the demands of retribution and deterrence, and the procedure for consulting the Lord Chief Justice and the trial judge as to the minimum period of detention necessary to satisfy those demands;
318W(2) what is the form of the question that he poses to the Lord Chief Justice and the trial judge when he initially consults them as to the period of detention that is necessary to satisfy the requirements of retribution an deterrence in the case of a discretionary life sentence prisoner, and, in particlar (a) if they are invited to indicate the fixed-term sentence that would have been passed on a prisoner to reflect the gravity of his offence had he been sentenced to a fixed-term rather than an indeterminate sentence and (b) if they are invited to indicate the period of detention that the prisoner would have served had he been sentenced to a fixed-term sentence rather than an indeterminate sentence; and if he himself applies either or both criteria when determining the period of detention necessary to satisfy the requirements of deterrence and retribution;
(3) when considering parole, if he seeks and receives from the Lord Chief Justice and the trial judge a specific indication as to the number of years that they each think that a prisoner serving a discretionary life sentence should serve;
(4) if, when considering parole, he treats the views of the Lord Chief Justice and the trial judge as to the requirements of retribution and deterrence as conclusive as to what those requirements are.
§ Mr. HurdI attach great importance to the demands of retribution and general deterrence in all life sentence cases. Life sentences are passed only when grave offences are committed and it would be wrong for any Home Secretary not to have regard to the retributive and deterrent elemens of the sentence in deciding when the prisoner should be considered for release on licence.
As indicated in my predecessor's statement of 30 November 1983, I look to the judiciary for advice on the length of detention necessary to satisfy the requirements of retribution and general deterrence in each individual case. The procedure which applies to all life sentence cases, irrespective of whether the life sentence is mandatory or discretionary is that the trial judge, if available, and the Lord Chief Justice are provided with a detailed memorandum on the offence and the prisoner's background, a copy of any letter sent to me by the trial judge after sentence and copies of the latest reports on the prisoner's conduct and progres in prison, and are asked to state their views on the case and on the period of detention necessary to meet the requirements of retribution and general deterrence. Usually, but not always, the views of the judiciary are expressed in terms of length of actual detention.
On the basis of the same information that was before the trial judge and the Lord Chief Justice and in the light of their views, the circumstances of the individual case, and having regard to my own wider responsibilities, I decide on the date of the first reference of the case to the local review committee as the first stage of a formal review by the Parole Board. In all cases, I take account of the views of the judiciary. They are not overriding, although I naturally attach great weight to them.