Hutchinson v. United Kingdom

Abstract

Human rights — Prohibition of torture and inhuman or degrading treatment — Applicant receiving life sentence — Applicant given whole life order by Secretary of State — Whether whole life order violating Article 3 of European Convention on Human Rights, 1950 — Chamber judgment of European Court of Human Rights finding no violation of Article 3 — Referral to Grand Chamber by applicant — Vinter and subsequent Strasbourg jurisprudence — Whether applicable English domestic law had been clarified — Whether resolving deficiencies identified in Vinter — Compatibility of whole life sentence with Article 3 — Whether whole life sentence reducible — Whether applicable English domestic law contrary to Article 3 of European Convention

Treaties — Interpretation — European Convention on Human Rights, 1950, Article 3 — Prohibition of torture and inhuman or degrading treatment or punishment — Whether applicant’s whole life order compatible with Article 3 of European Convention — Whether whole life sentence reducible — Whether applicable English domestic law contrary to Article 3 of European Convention

Relationship of international law and municipal law — Treaties — Interpretation — Scope — Article 3 of European Convention on Human Rights, 1950 prohibiting torture and inhuman or degrading treatment or punishment — Whether whole life order violating Article 3 of European Convention — Vinter judgment identifying deficiencies — Whether applicable English domestic law had been clarified — Whether whole life sentence reducible de jure and de facto — Whether prospect of release and possibility of review — Nature of review — Scope of review — Criteria and conditions for review — Time frame for review — Whether applicable English domestic law contrary to Article 3 of European Convention