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McLoughlin, R. v

2014

COURT OF APPEAL (CRIMINAL DIVISION)

United Kingdom

CORAM

  • THE LORD CHIEF JUSTICE OF ENGLAND AND WALES
  • THE PRESIDENT OF THE QUEEN'S BENCH DIVISION

Areas of Law

  • Criminal Law and Procedure
  • Human Rights Law

AI Generated Summary

The case involved challenges to the statutory scheme for whole life orders under Article 3 of the Convention, focusing on whether they were compatible with the right against inhuman or degrading treatment. The court held that whole life orders are compatible with Article 3, emphasizing a possibility of release under exceptional circumstances as specified under s.30 of the Crime (Sentences) Act 1997. The relevant statutory scheme mandates life sentences for murder and allows judges to set either a minimum term or a whole life order. The regime under the Human Rights Act ensures that the rules for reducibility provide a significant possibility of review and release.