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))
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,
[F1(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
F1Sch. 21 para. 10(ca) inserted (29.2.2024) by The Sentencing Act 2020 (Amendment of Schedule 21) Regulations 2024 (S.I. 2024/137), regs. 1(2), 4
Commencement Information
I1Sch. 21 para. 10 in force at 1.12.2020 by S.I. 2020/1236, reg. 2