Locking up prisoners for life does not breach human rights, judges rule The appellants are all still subject to life sentences. Those with a minimum term can apply for parole once that has expired, but they would not be released until they are deemed to no longer pose a threat to the public. Lord Judge said he thought it was "highly unlikely" that any of the five would be released. Danilo Restivo was found guilty of the murder and mutilation of Heather Barnett (PA) Restivo was given a whole-life tariff in June last year for the "depraved" and "callous" murder and mutilation of a mother-of-two in Bournemouth. The Italian national, now 40, was found guilty by a jury at Winchester Crown Court of the 2002 murder of neighbour Heather Barnett, 48. Rapist Roberts, who terrorised elderly women in a London suburb for more than a decade, was jailed in January and told he would live out his days behind bars. Roberts, dubbed the "Bermondsey Beast" now 46, raped three victims - one aged 83 - and viciously attacked a fourth in Bermondsey, south London. He evaded justice for 15 years but was captured after a cold case review by Scotland Yard. Oakes, 51, of Canney Road, Steeple, Essex, "sadistically tortured" his former partner Christine Chambers before shooting her and their two-year-old daughter Shania. Lord Judge said: "We should perhaps emphasise at the outset that each of these appellants is dangerous, and on the available evidence, likely to remain dangerous for the indefinite future. At present it is difficult to see how it will ever become safe for any of them to be released from custody. The panel, headed by Lord Chief Justice Lord Judge, also upheld the 30-year minimum term imposed on Kiaran Stapleton, who was jailed for life after he "executed" a stranger in the street. Stapleton, 21 - who labelled himself "Psycho" when he appeared in court - shot Indian student Anuj Bidve, 23, at point-blank range in Salford, Greater Manchester. The judges also allowed an appeal by rapist David Martin Simmons, 40, against a whole-life order, replacing it with a ten-year minimum. He pleaded guilty to rape and false imprisonment and was sentenced to life in December 2004. The trial judge did not specify a specific term, but on his transfer from Broadmoor Hospital back to HMP Bristol in 2010 he was told for the first time that he was regarded as a whole-life prisoner. Lord Judge said that "profoundly disturbing as this offence certainly was, it was not an offence of the extreme level of seriousness to justify a whole-life order." He emphasised that the court was "not suggesting for one moment that David Simmons will be safe to be released at the conclusion of the ten-year period." He added: "We note that it has been necessary for him to spend time in Broadmoor Hospital and we suspect that his release is most unlikely." Giving judgment on Restivo's appeal, Lord Judge said the "significant feature" in the case arose from events which took place in September 1993 in Potenza, Italy. Sixteen-year-old Elisa Clap was murdered and left in the loft of a church and was not discovered until March 2010. The judge said the evidence relating to her death was admitted before the jury at Winchester Crown Court as part of the evidence to prove that Restivo was guilty of the murder of Heather Barnett. At that date he had not been convicted in Italy of the teenager's murder. After his conviction at Winchester, Restivo was convicted in his absence of the murder in Italy. Lord Judge said: "The (trial) judge properly and expressly rejected the notion that he should pass sentence for the murder of Elisa Clap. Nevertheless, he undoubtedly took into account his belief that the appellant was guilty of that offence in deciding that a whole life term was appropriate. In other words, although the appellant denied this distinct and separate offence, was not on trial for it and not convicted of it, the judge's view that he was in fact guilty, was treated as a significant piece of aggravation. The principle is clear. Even when evidence which serves to establish the defendant's guilt of an offence charged on the indictment is deployed as similar fact evidence, the sentencing decision cannot proceed on the basis that he is guilty of a distinct and separate offence of which he has not been convicted and which he denies. Lord Judge said the circumstances of Ms Barnett's death were "horrific" and a number of aspects of the killing were "profoundly disturbing." There was "appalling" mutilation of her body and Restivo knew "perfectly well that it would be found by the victim's children." The court had reached the conclusion that the minimum term should be fixed at 40 years.