THE TWO boys who murdered toddler James Bulger had their prison sentences increased illegally to 15 years by the former Home Secretary, Mr Michael Howard, the House of Lords ruled yesterday.
The majority ruling by the Law Lords was condemned bitterly by the Bulger family, who said they felt "cheated" by the system. The family had gathered over 250,000 signatures, petitioning that the two boys, Jon Venables and Robert Thompson, who were both aged 10 when they murdered James in February 1993, should remain in prison for life.
"It is unbelievable that they may be out so soon. Our James will never come back. The whole system sucks. I am very disappointed. It is all so heartbreaking when it keeps coming back like this," said James's father, Mr Ralph Bulger.
Although Mr Howard had not agreed that the boys should remain in prison for life, he over-ruled the original trial judge's sentence of eight years, and the then Lord Chief Justice's recommendation of 10 years, by raising their term to 15. However, the Law Lords ruled yesterday he did not have the power to set a "rigid" minimum sentence for convicted children and that it was wrong to be swayed by public opinion.
Solicitors for the two boys welcomed the decision and insisted their clients, who are now both 14, were remorseful and stressed that neither would be released if considered a danger to the public. Mr John Dickinson, who represents Venables, said a number of factors will be considered by the authorities before the boys will be freed, such as their progress, maturity, development and remorse.
"Nobody is saying Jon should be released tomorrow or even in five, 10 or 15 years' time, necessarily. What we arc saying is that there should be a degree of flexibility in deciding when he should be released," he said.
Mr Howard still insisted it was "reasonable" to take the views of the public into account when setting a tariff for prisoners. He added: "The House of Lords, by a narrow majority, have said that was wrong, so obviously the implications of this judgment will have to be considered.
Two-year-old James was abducted from a Liverpool shopping centre by the boys in 1993. They killed him and then left his body on a railway line. The Home Secretary, Mr Jack Straw, promised he would consider carefully the
House of Lords ruling before setting a new minimum prison sentence for the two boys.
Meanwhile, the parents of the 16 small children shot dead in Dunblane, Scotland, last year welcomed the news that all privately-owned hand-guns could be banned by as early as next month after an overwhelming vote by MPs late on Wednesday night.
Mrs Alison Crozier, whose daughter Emma was one of the children who with their teacher were killed at Dunblane primary school, said the ban should ensure such a tragedy never occurred again. "It is nice to see Labour doing exactly what they said they would do. It is cold comfort, but at least it's just some way to ensuring that it doesn't happen again."