Criminal Justice Act 2003

Aggravating and mitigating factors E+W

8 E+W Having 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.

9 E+W Detailed 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.

10 E+W Aggravating factors (additional to those mentioned in paragraph 4(2) [F1 , 5(2) and 5A(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,

(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 the victim was providing a public service or performing a public duty, and

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

Textual Amendments

F1 Words in Sch. 21 para. 10 substituted (2.3.2010) by The Criminal Justice Act 2003 (Mandatory Life Sentence: Determination of Minimum Term) Order 2010 (S.I. 2010/197), art. 2(4) (with art. 3)

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) F2 . . . ,

(e) the fact that the offender acted to any extent in self-defence [F3 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

F2 Words in Sch. 21 para. 11(d) repealed (4.10.2010) by Coroners and Justice Act 2009 (c. 25), ss. 177, 178, 182, Sch. 21 para. 52(a), Sch. 23 Pt. 2 (with s. 180, Sch. 22); S.I. 2010/816, art.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))

F3 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))

12 E+W Nothing in this Schedule restricts the application of—

(a) section 143(2) (previous convictions),

(b) section 143(3) (bail), or

(c) section 144 (guilty plea).

[F4 or of section 238(1)(b) or (c) or 239 of the Armed Forces Act 2006.]

Textual Amendments

F4 Words in Sch. 21 para. 12 inserted (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 236; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4