Judge urges public to remember Sarah as killer's sentence is cut

Mr Justice Simon made his request after announcing his decision that the minimum period to be served by the 51-year-old paedophile before he can apply for parole should be cut from 50 years to 40.

The judge – who stressed that Whiting would remain behind bars until he was no longer a risk to the public – said: "I invite everyone present in court, before we go about our daily business, to pause and for a moment remember Sarah Payne who would now be 18 if she had not been murdered, and reflect the grave loss her death has caused to her family and others who loved her."

Whiting, who was jailed for life in 2001 for the kidnap and murder of eight-year-old Sarah, from West Sussex, had argued that his minimum term – the least time he must serve before becoming eligible to apply for parole – should be reduced from 50 years to 28 years.

After the judgment in London, the murdered child's mother Sara Payne said outside court: "The family is clearly disappointed that the tariff has been reduced, but he will be well into his 80s before he is eligible, so it's not a terrible, terrible thing, and could have been a lot worse, so we carry on as before."

Mrs Payne, who has campaigned tirelessly for victims' rights, said: "The family obviously doesn't get a parole date. There's no end to this. This is our life from now on."

Asked about the original 50-year minimum, she said: "All the time it was 50 years it was a good message. Life meaning life is the only fair sentence. He should die in prison."

Sarah's father Michael said the cut was "outrageous".

In his written ruling, Mr Justice Simon said he had received a victim impact statement from Sarah's mother "in which the devastating effect on her family of Sarah's abduction and murder is very movingly described".

The judge emphasised that the sentence on Whiting remained one of life imprisonment and he would continue to be detained "unless and until the Parole Board is satisfied that he no longer presents a risk to the public".

He said: "Even if the Parole Board decides then or at some time in the future to authorise his release, he will be on licence for the rest of his life."

Whiting, who snatched Sarah on July 1 2000 near the home of her grandparents in West Sussex, had argued that a tariff of 50 years, set in 2002 by the then Home Secretary David Blunkett, was "disproportionate".

Mr Justice Simon said if the minimum term had been set under the sentencing regime established under the 2003 Act, "the appropriate starting point would have been a whole life order". He added: "The offence involved the murder of a child, following her abduction by an adult with the motive of personal sexual gratification.

"The murder of children, particularly where it involves a child's abduction with a sexual motive has always, and universally, been regarded as an exceptionally serious crime."

The judge went on: "In the present case, there are other factors which Parliament has recognised make the offence more serious and which are relevant to the issue of retribution and deterrence.

"First, there was the careful planning and preparation for what occurred. The kidnapping was premeditated and planned.

"Secondly, Sarah's body was concealed. Her family had to endure the extreme anxiety and fear for the missing child over many days before being told that her body had been discovered in highly distressing circumstances.

"Finally, there was the previous conviction for kidnap and assault. A previous conviction is relevant to sentence."