Criminal Justice Act 2003 (c. 44)

SCHEDULES

SCHEDULE 21 E+W Determination of minimum term in relation to mandatory life sentence

Aggravating and mitigating factors E+W

11 E+W Mitigating 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 (c. 11)), lowered his degree of culpability,

(d) the fact that the offender was provoked (for example, by prolonged stress) F1 . . . ,

(e) the fact that the offender acted to any extent in self-defence [F2 or 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

F1 Words in Sch. 21 para. 11(d) repealed (4.10.2010) by Coroners and Justice Act 2009 (c. 25), ss. 177, 178, 182, Sch. 21 para. 52(a), Sch. 23 Pt. 2 (with s. 180, Sch. 22); S.I. 2010/816, art. 5(e)(f)(g)(ii) (with art. 7(4))

F2 Words in Sch. 21 para. 11(e) inserted (4.10.2010) by Coroners and Justice Act 2009 (c. 25), ss. 177, 182, Sch. 21 para. 52(b) (with s. 180, Sch. 22); S.I. 2010/816, art. 5(d)(f) (with art. 7(4))