SCHEDULES

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

Starting pointsE+W

5(1)If—E+W

(a)the case does not fall within paragraph 4(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 he committed the offence,

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

(2)Cases that (if not falling within paragraph 4(1)) would normally fall within sub-paragraph (1)(a) include—

F1(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 racially or religiously aggravated or aggravated by sexual orientation[F2, disability or transgender identity], or

(h)a murder falling within paragraph 4(2) committed by an offender who was aged under 21 when he committed the offence.

Textual Amendments

F1Sch. 21 para. 5(2)(a) omitted (13.4.2015) by virtue of Criminal Justice and Courts Act 2015 (c. 2), ss. 27(3), 95(1) (with s. 27(4)); S.I. 2015/778, art. 3, Sch. 1 para. 23