The UK has enacted new legislation that bars convicted murderers serving whole life sentences from marrying or entering into civil partnerships while in prison. This development is part of the recently passed Victims and Prisoners Act, which aims to prevent those deemed “heinous criminals” from experiencing significant life events that they have denied their victims.
The law specifically affects prisoners on a whole life order. These orders are typically reserved for the most serious offences, including serial murders, child murders with premeditation, or those involving substantial sexual or sadistic conduct. Under the new legislation, these prisoners can only marry or enter into civil partnerships with the permission of the Secretary of State, who may grant exemptions in exceptional circumstances.
The law also includes amendments to the Marriage Act 1949 and the Civil Partnership Act 2004 to align with the new restrictions. Registrars must now follow specific procedures to consider marriage or civil partnership applications from inmates serving whole life orders, and these unions will not be legally valid if the registrar does not provide the requisite permission.
The legislative move follows public outcry over cases like that of Levi Bellfield, a serial killer who had sought to marry his girlfriend while serving two whole life sentences. The controversy surrounding Bellfield’s application, which included his receiving up to £30,000 in legal aid to contest the decision to block his marriage, highlighted the need for this legislation. Bellfield attempted to defend his rights under the European Convention on Human Rights and the Marriage Act 1983, specifically citing Articles 8 and 12 which protect the right to private and family life and the right to marry. However, under the new law, prisoners like Bellfield will no longer be eligible to marry while in prison without special exemption.
The new measure seeks to uphold the gravity of such crimes, ensuring that justice is perceived as appropriately severe and preventing additional trauma for the families of victims. The aim is to reinforce public confidence in the justice system by ensuring that those who commit the most egregious crimes are not afforded privileges like marriage behind bars.
For further information, you can refer to the original JURIST article.