SCHEDULE 21 Determination of Minimum Term in Relation to Mandatory Life Sentence for Murder etc

SCHEDULE 21 Determination of Minimum Term in Relation to Mandatory Life Sentence for Murder etc

Section 322

Interpretation

1

In this Schedule—

“child†means a person aged under 18;

“mandatory life sentence†means a mandatory life sentence passed in circumstances where the sentence is fixed by law.

Starting points

2

(1)     If—

(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,

[(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

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