Many will wonder how it is that the sentencing for such a despicable crime could be as little as a minimum term of 15 and 14 years respectively for the two convicted defendants. The answer lies in the fact that sentencing for murder has, in some respects, been made significantly harsher since 2003. These two defendants, however, had to be sentenced both in relation to the law which existed in 1993 when the crime was committed and also in relation to their age at the time which would have been 17 and 16 years respectively. In 1993 an adult convicted of the same offence could have expected to receive a minimum tariff of between 15 and 16 years on his life sentence. In the particular circumstances of this offence that minimum tariff would probably have been uplifted, perhaps to 18 years. On the other hand, the law now prescribes that any person convicted of a similar crime in similar circumstances might expect to receive a 30 year term, given the racial motivation and the use of a knife. However, even now, the law very significantly discounts the minimum termfor anybody who was under 18 at the time of the commission of the offence. The starting point for the minimum term for an under 18 year old convicted of a similar offence would be 12 years. There was no equivalent starting point in 1993 for an under 18 year old.
What the Judge did in the Lawrence case was to apply a starting point of 12 years, in accordance with the current law, and then to uplift that by 3 and 2 years respectively to take into account both the nature of the crime and, in relation to one defendant only, the fact that no allowance should be given for a defendant who was currently serving a prison sentence in any event.
It should not be forgotten, of course, that the minimum term of imprisonment is only a minimum term. It is the period which must be served before an offender can be released by the Parole Board. It is a “real time period” and is not reduced in the way that ordinary sentences of imprisonment are. There is no guarantee of release once the term is served. An offender will only be released if, on the basis of a stringent assessment by the Parole Board at that time, he is deemed no longer to pose a risk to the public. After release the offender will remain subject to licence for the rest of his life and may be recalled to prison at any time, even in some circumstances if he has not actually committed a further offence.
There will be many who will say that the sentence imposed on Dobson and Norris is too little but the minimum terms have to be viewed in the light of the law as it existed in 1993.
The Stephen Lawrence case will long live in the memory of all those involved in the criminal justice system. The case was responsible for changing the way public bodies, and particularly the police, view issues of equality. It was also responsible for changing the law in relation to double jeopardy, so that offenders who have committed serious crimes can be tried twice where there is new and compelling evidence. In this case, one of the convicted defendants had previously been tried and acquitted.