Legal: Straw `acting unlawfully' over Hindley

Mr Straw yesterday announced plans to set up a panel to advise the Court of Appeal on guidelines to ensure that sentencing by courts around the country is consistent. At the same time, he came under fire from backbenchers and a retired Appeal Court judge over his decision to keep Hindley in jail for the rest of her life.

The Home Secretary told the Commons that the Government is committed to introducing "greater consistency" in sentencing from courts through provisions in the Crime and Disorder Bill, to be published next month.

Under his proposals, the Court of Appeal would be required to formulate rules on how lower courts across Britain sentence those convicted of criminal offences. Although this already happens in certain offences, such as rape, the idea is to extend this to other areas. The Home Office believes that the current ad hoc arrangements lead to levels of sentencing which vary according to where a person is convicted, which undermines confidence in the judicial system.

Alan Beith, for the Liberal Democrats, welcomed the announcement on sentencing. But he added: "Sentencing policy is only as effective as the prison and probation to which it directs - and an overpressed prison service cannot work miracles."

Meanwhile, a former Appeal Court judge last night criticised Mr Straw's ruling that the moors murderer, Myra Hindley, should never be released.

Sir Frederick Lawton, in an interview with BBC TV's Panorama, described Mr Straw's decision as both unreasonable and unlawful. If the decision had been left to judges, Hindley would probably be free, he added.

Sir Frederick added: "Where a public official exercising statutory powers acts unreasonably, he acts unlawfully." The Home Secretary should keep an "open mind" over what the future situation may be.

Hindley's lawyers are due to challenge the increase in her sentence in the High Court. Last week, Mr Straw reaffirmed the decision that she should die in jail which was taken by his predecessor, Michael Howard.

A Labour backbencher yesterday challenged the Home Secretary to justify why he had decided Hindley should spend the rest of her life behind bars when other prisoners guilty of "heinous, revolting and repulsive crimes" were released.

Mr Straw told Gordon Prentice, MP for Pendle, that any individual resident in the UK had rights under the European Convention on Human Rights, Convention.

Hindley is pressing ahead with her challenge next month to Mr Howard's ruling that her minimum sentence, or tariff, should be raised from 30 years to whole life. However, even if her application for judicial review succeeds in the High Court, Mr Straw will still retain the final say on whether she should be released.