The Life Sentence: Myra Hindley, Ian Brady, and the Politics of Punishment

When Parliament suspended the death penalty for murder in 1965, it replaced it with the mandatory life sentence. Sixty years on, the nature and administration of the life sentence have changed almost beyond recognition. In this episode of Double Jeopardy, Ken Macdonald KC and Tim Owen KC are joined by legendary human rights and public law barrister Edward Fitzgerald KC to trace how “life” in England and Wales went from meaning a decade or so behind bars to meaning, for a small but growing group of prisoners, death in custody.

With expert legal commentary on the development of the domestic and Strasbourg case law, as well as the statutory provisions affecting the life sentence, Ken, Tim and Edward begin with the “abolition bargain” struck in securing the passage of the Murder (Abolition of Death Penalty) Act 1965. Abolition was initially a five-year experiment, made permanent in 1969. The trio discuss how initially release decisions were left largely to the Executive, and why “life” in practice usually meant release after 10 to 15 years.

They reflect on how from the 1980s ministers began imposing whole life tariffs on prisoners such as Myra Hindley without disclosing what was being done behind closed doors and how the inherent unfairness of the administration of the life sentence led to a sequence of judicial decisions pioneered by Edward which culminated in the removal altogether of the Home Secretary’s role in tariff fixing as well as the decision to release all lifers. Edward and Tim discuss their involvement in high profile prison cases, from Myra Hindley’s ultimately unsuccessful attempt in the domestic courts to challenge her whole life tariff to their success before the European Court of Human Rights in Stafford v UK on the principle that politicians cannot determine the sentencing and release of lifers.

Ken then explains how the political reaction to the judicialisation of the life sentence in the form of David Blunkett’s Criminal Justice Act 2003 resulted in a massive increase in the length of time that life sentence prisoners serve by way of punishment, creating statutory starting points for murder with the whole life order at the top, and the consequent disastrous knock-on effect on sentences across the board.

 

Over the past 25 years the number serving whole life orders has grown from 23 prisoners in 2000 to 75 in 2026. Meanwhile, 7,610 people were serving a life sentence in 2026, most with minimum terms of between 10 and 20 years. Is a sentence with no realistic prospect of release a humane alternative to execution or a slower version of it? Does the growth in whole life orders reflect more serious offending or a more punitive political culture? And where should the age line sit?

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Covering the critical intersections of politics and law in the UK with expert commentary on high-profile legal cases, political controversies, prisons and sentencing, human rights law, current political events and the shifting landscape of justice and democracy. With in-depth discussions and influential guests, Double Jeopardy is the podcast that uncovers the forces shaping Britain's legal and political future. 

What happens when politics and law collide? How do politics shape the law - and when does the law push back? What happens when judicial independence is tested, human rights come under attack, or freedom of expression is challenged? And who really holds power in Britain's legal and political system?  Get answers to questions like these weekly on Wednesdays. 

Double Jeopardy is presented by Ken Macdonald KC, former Director of Public Prosecutions, and Tim Owen KC, as they break down the legal and political issues in Britain. From high-profile legal cases to the evolving state of British democracy, Double Jeopardy offers expert legal commentary on the most pressing topics in UK law, politics, and human rights. 

Ken Macdonald KC served as Director of Public Prosecutions from 2003 2008, shaping modern prosecutorial policy and advocating for the rule of law. He is a former Warden of Wadham College, Oxford, a crossbench member of the House of Lords, and a leading writer, commentator and broadcaster on politics and the rule of law. ​

Tim Owen KC has been involved in many of the most significant public, criminal and human rights law cases over the past four decades.  Both bring unparalleled experience from the frontline of Britain's legal and political landscape. 

If you like The Rest Is Politics, Talking Politics, Law Pod UK and Today i Focus, you'll love Double Jeopardy.

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