Copeland, R. v

In a transitional mandatory-life case, the court must determine the minimum term under Criminal Justice Act 2003, Schedule 22 and must not exceed the period the Secretary of State would probably have notified under the former system. Earlier judicial tariff recommendations are relevant but do not fix that limit.

A mental disorder falling short of diminished responsibility mitigates only where it reduces culpability. Youth may justify a reduction from a whole-life starting point, but the allowance depends on the gravity and features of the offending.

The appellant had been convicted of three murders arising from three planned bomb attacks in 1999. The attacks killed three people, seriously injured many others, and were motivated by racial and sexual prejudice.

At the Central Criminal Court he received mandatory life sentences for murder and discretionary life sentences for causing explosions likely to endanger life. The trial judge later recommended a 30-year minimum term to the Home Secretary. In March 2007 Burton J, exercising the transitional jurisdiction under Criminal Justice Act 2003, Schedule 22, fixed a 50-year minimum term.

The appeal concerned whether that term properly reflected the statutory scheme, the appellant’s schizophrenia, his youth, and his lack of previous violent convictions.

1. Appeal dismissed. Burton J was correct to regard the case as exceptionally grave within paragraph 4(1)(a) of Schedule 21 to the Criminal Justice Act 2003. The multiple murders, grave injuries, repeated and carefully planned attacks, and racist and sexual-prejudice motivation justified a whole-life order as the starting point.
2. The court considered the transitional regime in Schedule 22. Paragraph 10 prevented an order exceeding the minimum period that the Secretary of State would probably have notified under the former regime. The prior recommendations of the Recorder of London and the Lord Chief Justice were given full weight, but neither had fixed a minimum term. The appellant knew that the term remained to be determined. The court’s consideration of Sullivan [2005] 1 Cr App R(S) 67 confirmed that, in the most serious cases at the relevant time, the Home Secretary was likely to set periods materially longer than judicial recommendations.
3. A mental disorder which does not establish diminished responsibility may mitigate if it lowers culpability. The appellant’s schizophrenia did not do so. He knew what he intended, planned and executed the attacks, and brought forward the final attack to avoid arrest.
4. Burton J had expressly reduced what would otherwise have been a whole-life term to reflect the appellant’s age of 22. That reduction was sufficient. The 50-year minimum term therefore stood.

• Court of Appeal (Criminal Division): Dismissed the appeal and upheld the 50-year minimum term: [2011] EWCA Crim 1711.
• Burton J: In March 2007, under Schedule 22 to the Criminal Justice Act 2003, fixed a 50-year minimum term for the mandatory life sentences.
• Central Criminal Court: On 3 June 2000, following a trial before the Recorder of London, the appellant was convicted of three murders. He received mandatory life sentences for murder and discretionary life sentences for causing explosions likely to endanger life.