Triple murderer's life sentence reviewed in court

BBC News

4 days ago

Update:
Date: 10:35 BST
Title: Luton judge's reasons for not imposing a whole-life order
Content: The Court of Appeal hearing will be presided over by the Lady Chief Justice Baroness Carr, Mr Justice Goss and Mr Justice Wall and it is due to begin at 10:30 at the Royal Courts of Justice in London.
They will consider whether the setting of the 49-year minimum term was correct, or whether a whole-life order should now be made.
Sentencing Prosper at Luton Crown Court in March, Mrs Justice Cheema-Grubb said that a whole-life term could only be given to an 18 to 20-year-old if a court deemed "that the seriousness of the combination of offences is exceptionally high".
She stopped short of imposing a whole-life order in Prosper's case, as he was stopped from carrying out his planned school shooting, having murdered his family earlier than he intended after his mother woke up.
She continued that while he was "indisputably a very dangerous young man", the risk to the public was met with a life sentence.
She continued: "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, and this is not such an exceptionally serious case of the utmost gravity where the sentence of last resort must be imposed on an offender who was 18 at the time and is 19 today."
Update:
Date: 10:33 BST
Title: What is a whole life order?
Content: Unlike a more usual life sentence that comes with a minimum time to serve in a prison before parole is considered, a whole life order (WLO) means you will never be released.
They are reserved for the most serious crimes, such as when multiple people have been killed with a significant degree of pre-meditation, or where one child is killed with similar pre-planning.
In 2022, the law was updated to allow 18 to 20-year-olds to receive the sentence, having been previously limited to those aged 21 or over.
However, those under 21 can only be given a WLO in cases deemed exceptionally serious even when compared to similar offences committed by older offenders.
If Prosper is given a WLO he would become the youngest offender to receive one.
Update:
Date: 10:26 BST
Title: Watch: Live stream from the Court of Appeal
Content: You can watch live-streamed footage from the Court of Appeal by clicking on the "Watch live" button at the top of this page.
Proceedings are due to start at 10:30, but there may be delays.
Update:
Date: 10:18 BST
Title: Why is Prosper back in court?
Content: The three family members were killed at the Leabank tower block in the north of Luton
Judges can impose whole life orders (WLOs) in the most serious cases of murder, meaning the offender will never be released.
Because Prosper did not complete his planned school shooting and was only 18 when the crime was committed, the judge decided against a WLO, citing his autism, young age and lack of previous convictions.
After receiving multiple requests under the Unduly Lenient Sentence scheme, Solicitor General Lucy Rigby KC referred the case to the Court of Appeal.
At the time a spokesperson for the Attorney General's Office said Prosper "ought to have been given a whole-life order".
Update:
Date: 10:08 BST
Title: A reminder of Nicholas Prosper's crimes
Content: In March, Nicholas Prosper, 19, was sentenced to life in prison with a minimum term of 49 years after admitting murdering his mother, Juliana Falcon, 48, his sister Giselle, 13, and his brother Kyle, 16, at their flat in the Leabank tower block Luton in September 2024.
He had shot his mother and sister before stabbing his brother more than 100 times.
The then 18-year-old had been plotting a shooting at his former primary school, but his plans were disrupted after the noise of killing his family led to a neighbour calling the police.
Prosper had attempted to flee but eventually handed himself in by alerting a passing police car.
Update:
Date: 10:02 BST
Title: Welcome to our live updates page
Content: (left to right) Juliana Falcon, Kyle Prosper and Giselle Prosper were found dead at their home in the Marsh Farm area of Luton in September
Good morning and welcome to our live updates page which will have coverage from the Court of Appeal, where judges are reviewing the sentence given of triple murderer Nicholas Prosper.
The 19-year-old was jailed for life with a minimum term of 49 years for murdering three members of his family - his mother, Juliana Falconer, 48, his brother Kyle Prosper, 16, and his sister Giselle Prosper, 13.
It will be debated in court if Prosper should have received a whole-life order, meaning he could never be released.
The hearing, at the Royal Courts of Justice on The Strand in central London, is due to begin at 10:30.