The UK Parliament enacted the Victims and Prisoners Act on Friday. The new act bars the UK convicted murderers, who receive a sentence of life imprisonment, from marrying or entering into a civil partnership behind bars. They may still seek exemption from the Secretary of State if they find exceptional circumstances.
The new law formally introduces the principles of the Victims’ Code into law. It targets only the convicted murderers whom the court imposes a whole life order on. Whole life orders are reserved for exceptionally serious offences, including serial or child murders which involve substantial premeditation or sexual or sadistic conduct.
It also amends the Marriage Act 1949 and Civil Partnership Act 2004 to prohibit convicts subject to Whole Life Orders from marrying or entering into civil partnerships without the Secretary of State’s permission. The amendment also ensures that registrars have the appropriate procedures to consider the applications. Last, the marriage or civil partnership will not be legally valid if the registrar refuses to give the requisite permission.
The aim of this measure is to prevent the “heinous criminals” from experiencing the significant life events they denied their victims, thereby shielding victims’ families from the trauma of seeing them marry or enter a civil partnership. Furthermore, they want to ensure that appropriate gravity is given to their crimes, preserving public confidence in the justice system.
Current regulation dictates that those imprisoned can marry or form a civil partnership in prison unless the governor objects, which they may only do on grounds of safety and security of holding the wedding in the prison.
This follows much outrage at serial killer Levi Bellfield, who received two whole life sentences, applying to marry his girlfriend and then for legal aid to challenge the decision to block the marriage. The Sun then reported that he would receive up to £30,000 in legal aid in order to defend his rights under the European Convention on Human Rights and the Marriage Act 1983. More specifically, the European Convention on Human Rights Articles 8 and 12, protecting the right to private and family life and to marry, are likely to be raised if this legislation is contested at a European level. He now may not marry under the new legislation.