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(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. | |
10 Mitigating factors that may be relevant to the offence of murder include— | |
(a) an intention to cause serious bodily harm rather than to kill, | 5 |
(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 | 10 |
stress) in a way not amounting to a defence of provocation, | |
(e) the fact that the offender acted to any extent in self-defence, | |
(f) a belief by the offender that the murder was an act of mercy, and | |
(g) the age of the offender. | |
11 Nothing in this Schedule restricts the application of— | 15 |
(a) section 126(2) (previous convictions), | |
(b) section 126(3) (bail), or | |
(c) section 127 (guilty plea). | |
Schedule 20 | |
Section 254 | |
Mandatory life sentences: transitional cases | 20 |
Interpretation | |
1 In this Schedule— | |
“the commencement date” means the day on which section 247 comes | |
into force; | |
“the early release provisions” means the provisions of section 28(5) to | 25 |
(8) of the Crime (Sentences) Act 1997 (c. 43); | |
“existing prisoner” means a person serving one or more mandatory life | |
sentences passed before the commencement date (whether or not he | |
is also serving any other sentence); | |
“life sentence” means a sentence of imprisonment for life or custody for | 30 |
life passed in England and Wales or by a court-martial outside | |
England and Wales; | |
“mandatory life sentence” means a life sentence passed in | |
circumstances where the sentence was fixed by law. | |
Existing prisoners notified by Secretary of State | 35 |
2 Paragraph 3 applies in relation to any existing prisoner who, in respect of | |
any mandatory life sentence, has before the commencement date been | |
notified in writing by the Secretary of State (otherwise than in a notice that | |
is expressed to be provisional) either— | |
(a) of a minimum period which in the view of the Secretary of State | 40 |
should be served before the prisoner’s release on licence, or | |
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| |
(b) that the Secretary of State does not intend that the prisoner should | |
ever be released on licence. | |
3 (1) On the application of the existing prisoner, the High Court must, in relation | |
to the mandatory life sentence, either— | |
(a) order that the early release provisions are to apply to him as soon as | 5 |
he has served the part of the sentence which is specified in the order, | |
which in a case falling within paragraph 2(a) must not be greater | |
than the notified minimum term, or | |
(b) in a case falling within paragraph 2(b), order that the early release | |
provisions are not to apply to the offender. | 10 |
(2) In a case falling within paragraph 2(a), no application may be made under | |
this paragraph after the end of the notified minimum term. | |
(3) Where no application under this paragraph is made in a case falling within | |
paragraph 2(a), the early release provisions apply to the prisoner in respect | |
of the sentence as soon as he has served the notified minimum term (or, if he | 15 |
has served that term before the commencement date but has not been | |
released, from the commencement date). | |
(4) In this paragraph “the notified minimum term” means the minimum period | |
notified as mentioned in paragraph 2(a), or where the prisoner has been so | |
notified on more than one occasion, the period most recently so notified. | 20 |
4 (1) In dealing with an application under paragraph 3, the High Court must have | |
regard to— | |
(a) the seriousness of the offence, or of the combination of the offence | |
and one or more offences associated with it, | |
(b) where the court is satisfied that, if the prisoner had been sentenced | 25 |
to a term of imprisonment, the length of his sentence would have | |
been treated by section 67 of the Criminal Justice Act 1967 (c. 80) as | |
being reduced by a particular period, the effect which that section | |
would have had if he had been sentenced to a term of imprisonment, | |
and | 30 |
(c) the length of the notified minimum term or, where a notification | |
falling within paragraph 2(b) has been given to the prisoner, to the | |
fact that such a notification has been given. | |
(2) In considering under sub-paragraph (1) the seriousness of the offence, or of | |
the combination of the offence and one or more offences associated with it, | 35 |
the High Court must have regard to— | |
(a) the general principles set out in Schedule 19, and | |
(b) any recommendation made to the Secretary of State by the trial judge | |
or the Lord Chief Justice as to the minimum term to be served by the | |
offender before release on licence. | 40 |
(3) In this paragraph “the notified minimum term” has the same meaning as in | |
paragraph 3. | |
Existing prisoners not notified by Secretary of State | |
5 Paragraph 6 applies in relation to any existing prisoner who, in respect of | |
any mandatory life sentence, has not before the commencement date been | 45 |
notified as mentioned in paragraph 2(a) or (b) by the Secretary of State. | |
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6 The Secretary of State must refer the prisoner’s case to the High Court for the | |
making by the High Court of an order under subsection (2) or (4) of section | |
247 in relation to the mandatory life sentence. | |
7 In considering under subsection (3) or (4) of section 247 the seriousness of an | |
offence (or the combination of an offence and one or more offences | 5 |
associated with it) in a case referred to the High Court under paragraph 6, | |
the High Court must have regard not only to the matters mentioned in | |
subsection (5) of that section but also to any recommendation made to the | |
Secretary of State by the trial judge or the Lord Chief Justice as to the | |
minimum term to be served by the offender before release on licence. | 10 |
8 In dealing with a reference under paragraph 6, the High Court— | |
(a) may not make an order under subsection (2) of section 247 specifying | |
a part of the sentence which in the opinion of the court is greater than | |
that which, under the practice followed by the Secretary of State | |
before December 2002, the Secretary of State would have been likely | 15 |
to notify as mentioned in paragraph 2(a), and | |
(b) may not make an order under subsection (4) of section 247 unless the | |
court is of the opinion that, under the practice followed by the | |
Secretary of State before December 2002, the Secretary of State would | |
have been likely to give the prisoner a notification falling within | 20 |
paragraph 2(b). | |
Sentences passed on or after commencement date in respect of offences committed before that | |
date | |
9 Paragraph 10 applies where— | |
(a) on or after the commencement date a court passes a life sentence in | 25 |
circumstances where the sentence is fixed by law, and | |
(b) the offence to which the sentence relates was committed before the | |
commencement date. | |
10 The court— | |
(a) may not make an order under subsection (2) of section 247 specifying | 30 |
a part of the sentence which in the opinion of the court is greater than | |
that which, under the practice followed by the Secretary of State | |
before December 2002, the Secretary of State would have been likely | |
to notify as mentioned in paragraph 2(a), and | |
(b) may not make an order under subsection (4) of section 247 unless the | 35 |
court is of the opinion that, under the practice followed by the | |
Secretary of State before December 2002, the Secretary of State would | |
have been likely to give the prisoner a notification falling within | |
paragraph 2(b). | |
Proceedings in High Court | 40 |
11 (1) An application under paragraph 3 or a reference under paragraph 6 is to be | |
determined by a single judge of the High Court without an oral hearing. | |
(2) In relation to such an application or reference, any reference to “the court” in | |
section 247(2) to (5) and Schedule 19 is to be read as a reference to the High | |
Court. | 45 |
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Giving of reasons | |
12 (1) Where the High Court makes an order under paragraph 3(1)(a) or (b), it | |
must state in open court, in ordinary language, its reasons for deciding on | |
the order made. | |
(2) Where the order is an order under paragraph 3(1)(a) specifying a part of the | 5 |
sentence shorter than the notified minimum term the High Court must, in | |
particular, state its reasons for departing from the notified minimum term. | |
13 Where the High Court makes an order under subsection (2) or (4) of section | |
247 on a reference under paragraph 6, subsection (2) of section 248 does not | |
apply. | 10 |
Right of appeal | |
14 (1) A person who has made an application under paragraph 3 or in respect of | |
whom a reference has been made under paragraph 6 may with the leave of | |
the Court of Appeal appeal to the Court of Appeal against the decision of the | |
High Court on the application or reference. | 15 |
(2) Section 1(1) of the Administration of Justice Act 1960 (c. 65) (appeal to House | |
of Lords from decision of High Court in a criminal cause or matter) and | |
section 18(1)(a) of the Supreme Court Act 1981 (c. 54) (exclusion of appeal | |
from High Court to Court of Appeal in a criminal cause or matter) do not | |
apply in relation to a decision to which sub-paragraph (1) applies. | 20 |
(3) The jurisdiction conferred on the Court of Appeal by this paragraph is to be | |
exercised by the criminal division of that court. | |
(4) Section 33(3) of the Criminal Appeal Act 1968 (c. 19) (limitation on appeal | |
from criminal division of Court of Appeal) does not prevent an appeal to the | |
House of Lords under this paragraph. | 25 |
(5) In relation to appeals to the Court of Appeal or the House of Lords under | |
this paragraph, the Secretary of State may make an order containing | |
provision corresponding to any provision in the Criminal Appeal Act 1968 | |
(subject to any specified modifications). | |
Review of minimum term on reference by Attorney General | 30 |
15 Section 36 of the Criminal Justice Act 1988 (c. 33) applies in relation to an | |
order made by the High Court under paragraph 3(1)(a) as it applies in | |
relation to an order made by the Crown Court under section 247(2). | |
Modification of early release provisions | |
16 (1) In relation to an existing prisoner, section 28 of the Crime (Sentences) Act | 35 |
1997 (c. 43) has effect subject to the following modifications. | |
(2) Any reference to a life prisoner in respect of whom a minimum term order | |
has been made includes a reference to— | |
(a) an existing prisoner in respect of whom an order under paragraph | |
3(1)(a) has been made, and | 40 |
(b) an existing prisoner serving a sentence in respect of which paragraph | |
3(3) applies. | |
(3) Any reference to the relevant part of the sentence is to be read— | |
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| |
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| |
| |
(a) in relation to a sentence in respect of which an order under | |
paragraph 3(1)(a) has been made, as a reference to the part specified | |
in the order, and | |
(b) in relation to a sentence in respect of which paragraph 3(3) applies, | |
as a reference to the notified minimum term as defined by paragraph | 5 |
3(4). | |
(4) In subsection (1B) (life prisoner serving two or more sentences), paragraph | |
(a) is to be read as if it referred to each of the sentences being one— | |
(a) in respect of which a minimum term order or an order under | |
paragraph 3(1)(a) has been made, or | 10 |
(b) in respect of which paragraph 3(3) applies. | |
17 In section 34(1) of the Crime (Sentences) Act 1997 (c. 43) (interpretation of | |
Chapter 2 of that Act), in the definition of “life prisoner”, the reference to a | |
transferred prisoner as defined by section 251 of this Act includes a reference | |
to an existing prisoner who immediately before the commencement date is | 15 |
a transferred life prisoner for the purposes of section 33 of that Act. | |
Transferred life prisoners | |
18 In relation to an existing prisoner who immediately before the | |
commencement date is a transferred life prisoner for the purposes of section | |
33 of the Crime (Sentences) Act 1997, this Schedule is to be read as if— | 20 |
(a) any certificate under subsection (2) of that section were a notification | |
falling within paragraph 2(a) of this Schedule, and | |
(b) references to any recommendation of the trial judge or the Lord | |
Chief Justice were omitted. | |
Schedule 21 | 25 |
Section 256 | |
Deferment of sentence | |
1 For sections 1 and 2 of the Sentencing Act (deferment of sentence) there is | |
substituted— | |
“Deferment of sentence | |
1 Deferment of sentence | 30 |
(1) The Crown Court or a magistrates’ court may defer passing sentence | |
on an offender for the purpose of enabling the court, or any other | |
court to which it falls to deal with him, to have regard in dealing with | |
him to— | |
(a) his conduct after conviction (including, where appropriate, | 35 |
the making by him of reparation for his offence); or | |
(b) any change in his circumstances; | |
but this is subject to subsections (3) and (4) below. | |
(2) Without prejudice to the generality of subsection (1) above, the | |
matters to which the court to which it falls to deal with the offender | 40 |
may have regard by virtue of paragraph (a) of that subsection | |
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| |
include the extent to which the offender has complied with any | |
requirements imposed under subsection (3)(b) below. | |
(3) The power conferred by subsection (1) above shall be exercisable | |
only if— | |
(a) the offender consents; | 5 |
(b) the offender undertakes to comply with any requirements as | |
to his conduct during the period of the deferment that the | |
court considers it appropriate to impose; and | |
(c) the court is satisfied, having regard to the nature of the | |
offence and the character and circumstances of the offender, | 10 |
that it would be in the interests of justice to exercise the | |
power. | |
(4) Any deferment under this section shall be until such date as may be | |
specified by the court, not being more than six months after the date | |
on which the deferment is announced by the court; and, subject to | 15 |
section 1D(3) below, where the passing of sentence has been deferred | |
under this section it shall not be further so deferred. | |
(5) Where a court has under this section deferred passing sentence on an | |
offender, it shall forthwith give a copy of the order deferring the | |
passing of sentence and setting out any requirements imposed under | 20 |
subsection (3)(b) above— | |
(a) to the offender, | |
(b) where an officer of a local probation board has been | |
appointed to act as a supervisor in relation to him, to that | |
board, and | 25 |
(c) where a person has been appointed under section 1A(2)(b) | |
below to act as a supervisor in relation to him, to that person. | |
(6) Notwithstanding any enactment, a court which under this section | |
defers passing sentence on an offender shall not on the same | |
occasion remand him. | 30 |
(7) Where— | |
(a) a court which under this section has deferred passing | |
sentence on an offender proposes to deal with him on the | |
date originally specified by the court, or | |
(b) the offender does not appear on the day so specified, | 35 |
the court may issue a summons requiring him to appear before the | |
court at a time and place specified in the summons, or may issue a | |
warrant to arrest him and bring him before the court at a time and | |
place specified in the warrant. | |
(8) Nothing in this section or sections 1A to 1D below shall affect— | 40 |
(a) the power of the Crown Court to bind over an offender to | |
come up for judgment when called upon; or | |
(b) the power of any court to defer passing sentence for any | |
purpose for which it may lawfully do so apart from this | |
section. | 45 |
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