The Court of Appeal rules against raising the 49-year minimum sentence of triple murderer Nicholas Prosper to a whole-life order
Prosper, 19, was given a life sentence in March after admitting to murdering his mother, sister and brother in Luton last year
"Appalling though these crimes were, we are not persuaded that anything less than a whole-life order was unduly lenient," Justice Baroness Carr says
Earlier, the prosecution said the severity and planning of the crimes should have led to a whole-life term sentence, while the defence said it was "difficult" to see how the 49-year minimum term was "unduly lenient"
The appeal was made by the solicitor general after calls for a stronger sentence - here's the whole life order explained
Warning: This page contains details that readers may find distressing
David Bentley, is Nicholas Prosper's counsel in the Court of Appeal, as he was at Luton Crown Court when he was jailed.
He suggests the sentencing judge had already given an 80% uplift in the tariff in order to get the minimum time to 49 years.
He says the starting point when considering what the minimum term should be for somebody of Prosper's age is usually 30 years.
When asked if the the sentencing judge at Luton had ignored the defendant's autism, the prosecution counsel Tom Little KC said: "She plainly did not either take it into account at all or give it significant weight in the balance.
"If the court concludes that was another factor to be taken into account then of course the court is entitled to do that."
Image source, Hertfordshire PoliceKyle Clifford was jailed for life for killing the wife and daughters of BBC racing commentator John Hunt in July 2024
Whole-life orders are reserved for the most serious offences. Offenders who have received them include:
The prosecution has argued that Prosper's murders, and his planned school shooting, showed clear pre-meditation.
Tom Little, KC said the severity of the crimes should have led the sentencing judge at Luton to conclude she should impose a whole life order.
"The age and guilty plea did not make this a borderline case," he said.
Tom Little KC has told the appeal court judges that Nicholas Prosper's intention to rape his 13-year-old sister Giselle should be taken into consideration.
He then outlined the charges Prosper was convicted off, including how he murdered the three members of his family, including Giselle.
"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," he said.
"Each was aware they were being killed by their son or sibling."
Nicola Haseler
BBC News, at the Royal Courts of Justice
As the prosecution and judge discuss what happened at the sentencing hearing at Luton Crown Court in March, Prosper is sitting with his head in has hands.
He is struggling to keep still and looks very bored.
He will be sitting in a chair at HMP Belmarsh with a camera directly on him throughout proceedings.
Tom Little KC, for the prosecution, has explained they have a high bar to cross for the appeal court to impose a whole-life term.
He said the judge at Luton Crown Court had dealt with the sentencing guidance carefully and had clearly considered whether to make a whole-life order or not.
Nicola Haseler
BBC News, at the Royal Courts of Justice
Nicholas Prosper is watching court proceedings via a video link from HMP Belmarsh, where he is serving his life sentence.
He is wearing a grey tracksuit and has longer hair than he had during his sentencing hearing.
The hearing has begun at the Court of Appeal.
You can click on "Watch live" at the top of this page to see live-streamed footage from the Royal Courts of Justice.
Image source, EPA-EFE/REX/SHUTTERSTOCKThe 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."
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.
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.
Image source, Nicola Haseler/BBCThe 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".
Image source, Bedfordshire PoliceIn 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.
Image source, Contributed(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.