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SCHEDULES

SCHEDULE 21E+WDetermination of minimum term in relation to mandatory life sentence for murder etc

Modifications etc. (not altering text)

C1Sch. 21 modified (28.6.2022) by 2006 c. 52, s. 261A(5) (as inserted by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 148, 208(5)(p))

Aggravating and mitigating factorsE+W

7E+WHaving chosen a starting point, the court should take into account any aggravating or mitigating factors, to the extent that it has not allowed for them in its choice of starting point.

Commencement Information

I1Sch. 21 para. 7 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

8E+WDetailed consideration of aggravating or mitigating factors may result in a minimum term of any length (whatever the starting point), or in the making of a whole life order.

Commencement Information

I2Sch. 21 para. 8 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

9E+WAggravating factors (additional to those mentioned in paragraphs 2(2), 3(2) and 4(2)) that may be relevant to the offence of murder include—

(a)a significant degree of planning or premeditation,

(b)the fact that the victim was particularly vulnerable because of age or disability,

[F1(ba)where the offence was committed on or after the day on which the Sentencing Act 2020 (Amendment of Schedule 21) Regulations 2024 came into force, the fact that the offender had repeatedly or continuously engaged in behaviour towards the victim that was controlling or coercive and, at the time of the behaviour, the offender and the victim were personally connected within the meaning of section 76(6) to (7) of the Serious Crime Act 2015,]

(c)mental or physical suffering inflicted on the victim before death,

(d)the abuse of a position of trust,

(e)the use of duress or threats against another person to facilitate the commission of the offence,

(f)the fact that victim was providing a public service or performing a public duty, F2...

[F3(fa)where the offence was committed on or after the day on which the Sentencing Act 2020 (Amendment of Schedule 21) Regulations 2024 came into force, the use of sustained and excessive violence towards the victim, and]

(g)concealment, destruction or dismemberment of the body.

Textual Amendments

Commencement Information

I3Sch. 21 para. 9 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

10E+WMitigating factors that may be relevant to the offence of murder include—

(a)an intention to cause serious bodily harm rather than to kill,

(b)lack of premeditation,

(c)the fact that the offender suffered from any mental disorder or mental disability which (although not falling within section 2(1) of the Homicide Act 1957) lowered the offender's degree of culpability,

[F4(ca)where the offence was committed on or after the day on which the Sentencing Act 2020 (Amendment of Schedule 21) Regulations 2024 came into force, the fact that the victim had repeatedly or continuously engaged in behaviour towards the offender that was controlling or coercive and, at the time of the behaviour, the victim and the offender were personally connected within the meaning of section 76(6) to (7) of the Serious Crime Act 2015,]

(d)the fact that the offender was provoked (for example, by prolonged stress) but, in the case of a murder committed before 4 October 2010, in a way not amounting to a defence of provocation,

(e)the fact that the offender acted to any extent in self-defence or, in the case of a murder committed on or after 4 October 2010, in fear of violence,

(f)a belief by the offender that the murder was an act of mercy, and

(g)the age of the offender.

Textual Amendments

Commencement Information

I4Sch. 21 para. 10 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

11E+WNothing in this Schedule restricts the application of—

(a)section 65 (previous convictions),

(b)section 64 (bail), or

(c)section 73 (guilty plea),

or of section 238(1)(b) or (c) or 239 of the Armed Forces Act 2006.

Commencement Information

I5Sch. 21 para. 11 in force at 1.12.2020 by S.I. 2020/1236, reg. 2