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Monday, 25 February, 2002, 17:28 GMT
Lifers' jail terms are reviewed
The High Court in Glasgow
The cases will be heard at the High Court in Glasgow
Scotland's longest serving prisoner is among 10 murderers who have had their sentences reviewed by a High Court judge.

The hearings were the first in a new process designed to set a minimum period before a prisoner may apply for parole.

Andrew Burke - who was sentenced to life in 1958 for murdering a four-year-old boy - was given a punishment period of 15 years by Lord Coulsfield.

The first 10 cases to be called
Andrew Burke
Richard Coubrough
David Greenfield
Kevin Hendry
Scott Kilminster
Derek McCreadie
Joseph Moran
James Muldoon
Maurice Murphy
Brian Smith
This means that the 66-year-old, from Paisley, can immediately apply for his freedom.

However, he was not freed by the court as the decision over his release rests with the Parole Board, which will take into account his behaviour in prison and the risk he continues to pose to the public.

Lord Coulsfield noted that the punishment period, which expired in 1974, would have "little real effect" on the board.

One other lifer - Richard "The Snake" Coubrough, 68, who was jailed in 1971 for murdering a nurse in Renfrew - also received a punishment period on Monday which leaves him eligible to apply for parole.

The 10 cases were the first to be heard as a result of a new law prompted by the European Convention on Human Rights (ECHR).

The Scottish legislation means judges must decide at the time of sentence how long adults receiving mandatory life terms must serve before they become eligible for release.

The sentences of the 550 prisoners who were jailed before the legislation came into force last year are being reviewed by a panel including, where possible, the original trial judge.


The views of the families of victims and the public as a whole are likely to have a lesser impact on the final decision made

Lord James Douglas-Hamilton
Conservative justice spokesman
The punishment period will then be announced in open court.

When this has expired - or if the period set by the judge is less than that already served - the lifer will be able to apply to the Parole Board, which retains the final decision on whether or not to release a prisoner.

The first case to be heard at the High Court in Glasgow was that of Kevin Hendry, who was jailed seven years ago for murdering a young father in Belshill, Lanarkshire, by setting fire to his house.

A punishment period of 12 years was set for the 26-year-old.

Lord Coulsfield said the period had to satisfy the requirements of retribution and justice.

'Important safeguard'

However, the Scottish Conservatives said they viewed the new process with "utmost concern".

Justice spokesman James Douglas-Hamilton said the involvement of ministers in the past had provided an important safeguard for the public.

"Now that decisions over life prisoners will be in the hands of unelected appointees, the degree of accountability will be less," he said.

"The views of the families of victims and the public as a whole are likely to have a lesser impact on the final decision made."

 WATCH/LISTEN
 ON THIS STORY
News image Scottish Justice Minister Jim Wallace
"The punishment part of a sentence should be determined judicially"
News image The BBC's Reevel Alderson
"The murderers must still apply to the Parole Board"
See also:

25 Feb 02 | Scotland
Lifers learn their fate
08 Oct 01 | Scotland
Ministers lose parole powers
29 May 01 | Scotland
Deal unlocks prisons dispute
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