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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))

Starting pointsE+W

3(1)If—E+W

(a)the case does not fall within paragraph 2(1) but the court considers that the seriousness of the offence (or the combination of the offence and one or more offences associated with it) is particularly high, and

(b)the offender was aged 18 or over when the offence was committed,

the appropriate starting point, in determining the minimum term, is 30 years.

(2)Cases that (if not falling within paragraph 2(1)) would normally fall within sub-paragraph (1)(a) include—

(a)in the case of a offence committed before 13 April 2015, the murder of a police officer or prison officer in the course of his or her duty,

(b)a murder involving the use of a firearm or explosive,

(c)a murder done for gain (such as a murder done in the course or furtherance of robbery or burglary, done for payment or done in the expectation of gain as a result of the death),

(d)a murder intended to obstruct or interfere with the course of justice,

(e)a murder involving sexual or sadistic conduct,

(f)the murder of two or more persons,

(g)a murder that is aggravated by racial or religious hostility or by hostility related to sexual orientation,

(h)a murder that is aggravated by hostility related to disability or transgender identity, where the offence was committed on or after 3 December 2012 (or over a period, or at some time during a period, ending on or after that date),

(i)a murder falling within paragraph 2(2) committed by an offender who was aged under 21 when the offence was committed.

(3)An offence is aggravated in any of the ways mentioned in sub-paragraph (2)(g) or (h) if section 66 requires the court to treat the fact that it is so aggravated as an aggravating factor.

Commencement Information

I1Sch. 21 para. 3 in force at 1.12.2020 by S.I. 2020/1236, reg. 2