Sentencing Act 2020

Starting points E+W

2 (1) If— E+W

(a) the court considers that the seriousness of the offence (or the combination of the offence and one or more offences associated with it) is exceptionally high, and

(b) the offender was aged 21 or over when the offence was committed,

the appropriate starting point is a whole life order.

(2) Cases that would normally fall within sub-paragraph (1)(a) include—

(a) the murder of two or more persons, where each murder involves any of the following—

(i) a substantial degree of premeditation or planning,

(ii) the abduction of the victim, or

(iii) sexual or sadistic conduct,

(b) the murder of a child if involving the abduction of the child or sexual or sadistic motivation,

[F1 (ba) the murder of a child involving a substantial degree of premeditation or planning, where the offence was committed on or after the day on which section 125 of the Police, Crime, Sentencing and Courts Act 2022 came into force,]

(c) the murder of a police officer or prison officer in the course of his or her duty, where the offence was committed on or after 13 April 2015,

(d) a murder done for the purpose of advancing a political, religious, racial or ideological cause, or

(e) a murder by an offender previously convicted of murder.

Textual Amendments

F1 Sch. 21 para. 2(2)(ba) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 125, 208(5)(l)

Commencement Information

I1 Sch. 21 para. 2 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

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

I2 Sch. 21 para. 3 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

4 (1) If— E+W

(a) the case does not fall within paragraph 2(1) or 3(1),

(b) the offence falls within sub-paragraph (2), F2 ...

(c) the offender was aged 18 or over when the offence was committed, [F3 and]

(d) the offence was committed on or after 2 March 2010,

the offence is normally to be regarded as sufficiently serious for the appropriate starting point, in determining the minimum term, to be 25 years.

(2) The offence falls within this sub-paragraph if the offender took a knife or other weapon to the scene intending to—

(a) commit any offence, or

(b) have it available to use as a weapon,

and used that knife or other weapon in committing the murder.

Textual Amendments

F2 Word in Sch. 21 para. 4(1)(b) omitted (28.6.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(aa), Sch. 21 para. 9(a)

F3 Word in Sch. 21 para. 4(1)(c) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(aa), Sch. 21 para. 9(b)

Commencement Information

I3 Sch. 21 para. 4 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

5 E+W If the offender was aged 18 or over when the offence was committed and the case does not fall within paragraph 2(1), 3(1) or 4(1), the appropriate starting point, in determining the minimum term, is 15 years.

Commencement Information

I4 Sch. 21 para. 5 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

[F4 5A (1) This paragraph applies if— E+W

(a) the offender was aged under 18 when the offence was committed, and

(b) the offender was convicted of the offence on or after the day on which section 127 of the Police, Crime, Sentencing and Courts Act 2022 came into force.

(2) The appropriate starting point, in determining the minimum term, is the period given in the entry in column 2, 3 or 4 of the following table that corresponds to—

(a) the age of the offender when the offence was committed, as set out in column 1, and

(b) the provision of this Schedule that would have supplied the appropriate starting point had the offender been aged 18 when the offence was committed, as set out in the headings to columns 2, 3 and 4.

1	2	3	4
Age of offender when offence committed	Starting point supplied by paragraph 3(1) had offender been 18	Starting point supplied by paragraph 4(1) had offender been 18	Starting point supplied by paragraph 5 had offender been 18
17	27 years	23 years	14 years
15 or 16	20 years	17 years	10 years
14 or under	15 years	13 years	8 years

Textual Amendments

F4 Sch. 21 paras. 5A and 6 substituted (28.6.2022) for Sch. 21 para. 6 by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 127, 208(5)(l)

6 (1) This paragraph applies if— E+W

(a) the offender was aged under 18 when the offence was committed, and

(b) the offender was convicted of the offence before the day on which section 127 of the Police, Crime, Sentencing and Courts Act 2022 came into force.

(2) The appropriate starting point, in determining the minimum term, is 12 years.]

Textual Amendments

F4 Sch. 21 paras. 5A and 6 substituted (28.6.2022) for Sch. 21 para. 6 by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 127, 208(5)(l)