Summary

  1. Prosper's court hearing ends with no whole-life orderpublished at 13:45 British Summer Time 16 July

    Two tower blocks of about 15 storeys. They are coloured light and dark blue on the outside. A line of cars and police cars is parked on the road in the foreground.
    Image caption,

    The Leabank tower block in Luton where Nicholas Prosper murdered his mother, brother and sister

    Our live coverage of the appeal court hearing is ending.

    Nicholas Prosper remains in jail serving a life sentence with a minimum term of 49 years, but he will not be given a whole-life order.

    Thank you for joining us as we followed events at the Court of Appeal in London.

    Read a story that summarises the hearing here.

  2. 'Very high threshold'published at 13:20 British Summer Time 16 July

    In her ruling, the Lady Chief Justice Baroness Carr said that Nicholas Prosper's minimum jail term was "itself a very severe sentence for a 19-year-old".

    She said: "These were undoubtedly offences of the utmost gravity, with multiple features incorporating disturbing, recurrent themes around school shootings.

    "Had the offender been 21 or over at the time of the offending, a whole-life order would undoubtedly have been made."

    She added that the sentencing judge at Luton Crown Court in March, Mrs Justice Cheema-Grubb, was right to conclude that the "enhanced exceptionality test" of whether to pass a whole-life term on an 18-to-20-year-old was "not met on the facts".

    The appeal court judge added: "Parliament chose to set what is already a very high threshold for a whole-life order for an adult, even higher for a young offender."

  3. Prosper may still never be releasedpublished at 12:57 British Summer Time 16 July

    Lady Chief Justice Baroness Carr told the appeal court: "Appalling though these crimes were, we are not persuaded that anything less than a whole life order was unduly lenient.

    "It is a sentence that requires a youth of 18, as he was at the time of his arrest, to remain in custody until he is in his late 60s and one that might result in him never being released."

    As part of his life sentence for murder, his minimum term of 49 years means it will be the mid-2070s before Nicholas Prosper is even considered for release.

  4. Prosper 'non-plussed'published at 12:51 British Summer Time 16 July

    Nicola Haseler
    BBC News, at the Royal Courts of Justice

    The lead judge Lady Chief Justice Baroness Carr remarked "no sentence can ever reflect the value of lives lost".

    Nicholas Prosper, who we could see watching proceedings via a video feed from HMP Belmarsh, looked non-plussed as the request for a whole-life order was rejected.

    Baroness Carr went on to offer the court's sympathies and condolences to those affected by Prosper's murders in Luton.

    The triple-killer sat resting his head on his hands.

  5. Whole-life order rejected at Court of Appealpublished at 12:44 British Summer Time 16 July
    Breaking

    Nicholas Prosper has been told he will not be given a whole life order as part of his life sentence for the murder of three family members.

    His original minimum term of 49 years in jail remains in place. He will be in his late 60s before he can be considered for release.

  6. The considerations for a life sentence, without a WLOpublished at 12:43 British Summer Time 16 July

    Lady Chief Justice Baroness Carr has listed the considerations which led to his life sentence being set with a minimum of 49 years, rather than being given a whole-life order (WLO).

    She pointed out he was 17 at the time of planning of the killings, he pleaded guilty, and he had not completed his plans for a school shooting.

    The judge also points out his autism may have had some affect on his behaviour.

  7. Constant fidgetingpublished at 12:36 British Summer Time 16 July

    Nicola Haseler
    BBC News, at the Royal Courts of Justice

    As the judge recaps sentencing guidelines and law at the Court of Appeal, Nicholas Prosper can be seen on the video feed from HMP Belmarsh seated and bent over, resting his head on his knees.

    He is moving and fidgeting constantly.

  8. Prosper's behaviour in prisonpublished at 12:27 British Summer Time 16 July

    The judge is reading a prison report that indicates Nicholas Prosper has had "stable" behaviour while in jail.

    Some drawings referencing his offences have been found and he has begun to liaise with the prison in-reach team, which provides mental health support.

  9. 'Psychopathic traits'published at 12:20 British Summer Time 16 July

    The judge is reading a review by doctors which says Nicholas Prosper had two psychopathic traits - a lack of empathy and lack of remorse or guilt.

    She told the court the medical report had highlighted he had committed his crimes not because a lack of judgement but through a desire to be infamous.

  10. Judge describes the murder scenepublished at 12:16 British Summer Time 16 July

    The judge recalled how when Bedfordshire Police arrived on the scene they had found the flat in Luton covered in blood, including bloody handprints, and a series of blood-stained knives - one of which was bent out of shape.

    When arrested she describes how Prosper was "cheerful" and talked about joining a paedophile group on Twitter/X.

    He had destroyed his phone to try to protect others in the group.

  11. 'Little real-life contact'published at 12:13 British Summer Time 16 July

    After recapping the charges against Prosper, Lady Chief Justice Baroness Carr said: "He existed in an online world choosing little real-life contact with others, apart from attending a gym and working part-time in a supermarket for few months."

    She added he was obsessed with other killers and had over 200 indecent images and videos of children, 19 of these were considered category A.

  12. Judges return from breakpublished at 12:05 British Summer Time 16 July

    A view of the Court of Appeal from outside on a sunny dayImage source, Nicola Haseler/BBC

    Lady Chief Justice Baroness Carr, Mr Justice Goss and Mr Justice Wall have returned to court.

    They have taken a 45-minute break from the courtroom to consider their decision in this case.

    Now they are expected to giving their ruling. Click on "Watch live" to see it.

  13. Summary of what has been heard so farpublished at 12:04 British Summer Time 16 July

    Tom Little KC, prosecuting, told the hearing at the Court of Appeal in central London: "What the facts reveal is a case which, on any view, was exceptional, even in the context of a murder."

    He argued a whole-life order would be a "just punishment" for Nicholas Prosper, who has been watching proceedings via a video link to him at HMP Belmarsh in Woolwich in south-east London.

    The prosecutor continued: "It was a murder of three people, two of them were children, including the intended rape of the sister. That did not take place, but it had been intended."

    The barrister for Prosper told judges that the sentence, with its 49-year minimum term, "cannot be said to be unduly lenient".

    David Bentley KC, for Prosper, said: "The reality is that with the existing sentence, the earliest date he could actually be considered for parole is in his late 60s, and the dangerousness is covered by the life sentence."

    The judges said they had hoped to reveal their decision from 12:00.

  14. Timeline of the killingspublished at 11:53 British Summer Time 16 July

    Nicholas Propser wearing a yellow and black uniform and holding a piece of wood as if it was a firearmImage source, Bedfordshire Police

    The day before the killings Prosper had bought a firearm and 100 cartridges from a legitimate dealer using a forged gun licence.

    Between midnight and 05:00 on 13 September he had researched necrophilia, the Sarah Everard murder case and a range of mass shootings online. He had also watched what the judge called "extreme animated pornography".

    At about 05:00 he attacked his mother and siblings in their Leabank tower block flat and murdered them after a noisy struggle.

    The courts have heard Prosper had planned to rape his younger sister and then move on to his old primary school to carry out a mass shooting.

    He did however shoot his mother and sister and stab his brother more than 100 times.

    At 05:29 a neighbour called the police, and Prosper was flimed fleeing from the block of flats on CCTV a few minutes later.

    Armed police arrive at the property 21 minutes after the call, by this time the killer has hidden and managed to stay out of sight for almost two and a half hours.

    Prosper then flagged down a police car on a street near his home and showed them where he had hidden a shotgun and 33 cartridges.

  15. Live video stream pausedpublished at 11:38 British Summer Time 16 July

    Our live video stream from the Court of Appeal has been paused while there is a break in the hearing.

    The three judges are due to return at 12:00 to deliver their ruling.

    Click on the "Watch live" button at the top of this page to resume watching.

  16. 'Undiagnosed neurological condition'published at 11:28 British Summer Time 16 July

    Before the court adjourned, we also heard defence counsel David Bentley KC say that his client Nicholas Prosper "clearly had an undiagnosed neurological condition" which contributed to his crimes.

    He acknowledged that if Prosper was aged 21 or over, it "would have been very difficult to argue" that he should not have been given a whole-life order.

  17. Judges expect to give their decision from noonpublished at 11:26 British Summer Time 16 July

    Three appeal court judges sitting next to each other. They are wearing their white wigs and black gowns and sitting behind a wooden pannelled long desk

    Lady Chief Justice Baroness Carr told the court: "We are acutely aware of the tragic context of which this reference arises and are aware of the public interest as well as the interest of family and friends.

    "We hope to give a full judgement this morning, but obviously we need to retire and consider if we can do that."

    The hearing has been adjourned until midday while the judges consider their ruling.

    Baroness Carr is sitting with two other judges - Mr Justice Goss and Mr Justice Wall.

  18. 'A life sentence is a life sentence'published at 11:17 British Summer Time 16 July

    David Bentley, defence counsel for Nicholas Prosper, told the court: "The reality is, with the existing sentence, the earliest date he could actually be considered for parole is in his late 60s."

    Mr Bentley made the argument that due to the seriousness of his crimes: "A life sentence is a life sentence, the minimum time just provides the time when it can be reviewed."

    Prosper, who will be of pensioner age, by the time his parole can even be considered, looked up as this was discussed.

  19. Other members of Prosper family not in courtpublished at 11:15 British Summer Time 16 July

    Nicola Haseler
    BBC News, at the Royal Courts of Justice

    None of the surviving members of Prosper's family are at the Court of Appeal today.

    In the video feed from HMP Belmarsh, Prosper can be seen bent over with his head leaning on his crossed legs.

    He seems to be struggling to pay attention to what is being said.

  20. 'Internet worm hole'published at 11:13 British Summer Time 16 July

    David Bentley KC at the Court of Appeal wearing a barrister's wig and black suit.

    David Bentley KC told the court that his client Nicholas Prosper "went down an internet worm hole and became obsessed with things".

    "It's very difficult to see how a 49-year sentence in itself, with all this background, can be considered unduly lenient."