Prosper life sentence referred as 'unduly lenient'

The life sentence given to a teenager who murdered his mother and siblings has been referred to the Unduly Lenient Sentence Scheme by the shadow justice minister.

Nicholas Prosper admitted to using a shotgun to kill Juliana Falcon, 48, Kyle Prosper, 16, and Giselle Prosper, 13, at their home in Luton in September.

The 19-year-old had planned to kill about 30 students and staff at his former primary school, but the noise his family made during the struggle alerted neighbours who called the police and interrupted his plans.

A spokesperson from the Attorney General's Office confirmed it has received the request by the Conservative MP Kieran Mullan, who questioned why a whole life order (WLO) was not imposed.

Unlike a life sentence, which has a minimum time to serve in a prison, a whole life order means the person will never be released.

Home secretaries have been able to impose whole life orders since 1983 and judges have held such powers since the passing of the Criminal Justice Act in 2003.

It is the harshest penalty available to courts since capital punishment was abolished.

The sentence can be considered in exceptional cases such as those where two or more people have been killed with a significant degree of pre-meditation, or where one child is killed with similar pre-planning.

Triple murderer and rapist Kyle Clifford was given three whole life orders earlier this month, after he killed his ex-girlfriend, her sister and her mother in a crossbow and knife attack in Bushey, Hertfordshire.

Nurse Lucy Letby received a total of 15 whole life orders after murdering and attempting to murder babies at the Countess of Chester Hospital.

Previously, an individual under the age of 21 could not be given a whole life order.

In 2022 this was changed to include offenders aged between 18-20, but only in cases where the seriousness was "exceptionally high" even when compared to similar offences committed by those 21 and over.

This was introduced after the judge could not give Hashem Abedi, the brother of the Manchester Arena bomber, an whole life order because of his age.

Prosper would have become the youngest offender to have received one.

High Court judge Mrs Justice Cheema-Grubb revealed Prosper had initially refused to attend court.

She told him: "I ordered that you had to be brought. You do not want to be here, but it is not your choice. You have to face the consequences of your actions; to hear the court's sentence passed in public, and it is important for those who loved your victims to see you sentenced."

In passing the life sentence, with a minimum term of 49 years, she told Prosper: "Despite the gravity of your crimes, it is the explicit joint submission of counsel that a lengthy finite term will be a sufficiently severe penalty."

The judge said she decided to impose the minimum term life sentence for three reasons.

She said: "Firstly, because you were thwarted from completing your intentions, otherwise this case would have had a very different and even more appalling outcome. Secondly, this prosecution has resulted in guilty pleas. Thirdly, you were 18 at the relevant time."

David Bentley KC, mitigating for Prosper, described him as a "young man at the start of his adult life".

He pointed to Prosper's guilty pleas, lack of previous convictions and that he had been living with an undiagnosed autism spectrum disorder (ASD).

On Wednesday, the Conservative shadow justice minister, Kieran Mullan, said: "What exactly does someone have to do in this country to be sent away for life? This was the most serious of crimes - including the murder of two children.

"What is the point of making provision for WLOs if they aren't used in cases like this?"

The scheme allows anyone to ask for certain crown court sentences to be reviewed by the attorney general.

A spokesperson from the Attorney General's Office confirmed it has received the request to consider Prosper's sentence and has 28 days from the point of sentencing to make a decision.

Bedfordshire's police and crime commissioner supported the sentencing decision.

Speaking to BBC Three Counties Radio, Labour's John Tizard explained: "If you listen, as I did, to [the judge's] summary and her presentation in sentencing it was a very considered view that took into account the law as well as circumstances."

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