On the other hand, previous convictions for benefit fraud in the same case are likely to have no relevance at all and therefore to be disregarded. If the defendant was on bail when the offence of murder was committed, this will be taken into account as an aggravating factor. Where the case clearly merits a whole life order, a guilty plea will not change this, albeit a guilty plea is one of many factors the court will take into account in determining whether a whole life order should be imposed.
In cases where a whole life order is not imposed, the Sentencing Guidelines on Reduction in Sentence for a Guilty Plea provide that if a defendant has pleaded guilty, this should be taken into account in determining the starting point. Where defendants have spent time in custody prior to trial or sentence, or been on bail with a qualifying curfew condition, this should be taken into account by the judge as an appropriate reduction when setting the minimum term.
Having moved through Steps 1 to 3, the judge will now have arrived at the minimum term to be imposed. After serving this minimum term the defendant will be able to apply for release on parole.
Such a life sentence is intended for dangerous offenders who have committed offences of the utmost gravity.
When a life sentence is imposed in such circumstances, the judge will impose a minimum term that the defendant must serve before being eligible for release. Once the minimum term expires the defendant can apply for parole and will be released if deemed not to pose a risk to the public. Once released the defendant remains on licence for life. This means s he is liable to be recalled in the event of failing to abide by any conditions of release or if s he is considered a risk to the public during this period.
A serious specified offence in this context is an offence contained in Parts 1 or 2 of Schedule 15 to the Criminal Justice Act which is punishable with imprisonment for life, such as grievous bodily harm with intent contrary to section 18 of the Offences Against the Person Act , robbery contrary to s.
Note that there are many offences within this schedule that do not carry life imprisonment. In reaching a decision about whether a defendant is dangerous i. Section A of the Criminal Justice Act provides that where a defendant aged 18 or over is convicted of an offence listed in Schedule 15B Part 1 to the Criminal Justice Act and the judge considers that the offence would merit a custodial sentence of at least 10 years, the judge must impose a life sentence if the defendant has a previous conviction for any offence listed in Schedule 15B of the Act for which s he received a sentence of at least 10 years, an extended sentence with a custodial term of at least 10 years, or a life sentence with a minimum term of 5 years UNLESS the judge considers that there are particular circumstances which relate to the offence, the previous offence or to the defendant which would make it unjust to pass a life sentence in all the circumstances.
Listed offences include manslaughter, soliciting murder, wounding with intent and causing grievous bodily harm with intent s. Schedule 15B listed offences include attempts to commit these offences, as well as conspiracy to commit such offences or murder, or incitement to commit such offences or murder, encouraging or assisting offences under Part 2 of the Serious Crime Act where the offence intended or believed to be committed is a listed offence or murder, and aiding, abetting, counselling or procuring the commission of a listed offence.
In passing a life sentence, the judge will impose a minimum term in the same way as referred to above. What is the difference between a criminal case and a civil case? Bad information ruins lives. You deserve better. By Joseph O'Leary.
Share this: Twitter Facebook. Could you chip in to support an accurate and fair debate today? Related fac t checks How long do child killers serve in prison? Can killers now avoid life in prison with a guilty plea? Question If the answer to question 10 is no, which partial defences should be retained or introduced?
One way of giving judges a sentencing discretion without abolishing the mandatory life sentence would be to allow them to also set a non-parole period of less than 10 years. This would have the advantage of allowing the effective period of incarceration to be reduced in a deserving case, yet retaining the life-long power of recall as a backup. Question If the mandatory life sentence is retained, should judges be given a discretion to set non-parole periods of less than 10 years?
It defines as murder in the first degree, culpable homicide that is intended and is committed in a particularly sadistic, heinous, malicious or inhuman manner. Murder in the second degree is defined in the same terms as the existing definitions of murder. In accordance with section of the Criminal Justice Act all courts passing a mandatory life sentence are required to order the minimum term the prisoner must serve before the Parole Board can consider release on licence, unless the seriousness of the offence is so exceptionally high that the early release provisions should not apply in other words, a 'whole life order'.
In July the Grand Chamber of the European Court of Human Rights ruled in the case of Vinter and others v UK that whole life orders of imprisonment violated Article 3 of the European Convention on Human Rights which prohibits inhuman and degrading treatment and torture.
This ruling has now been successfully challenged. There is an adequate review mechanism where such sentences are imposed. Thomas said the law in England and Wales provides an offender "hope" or the "possibility" of release in "exceptional circumstances".
Although the Court found it difficult to specify in advance such circumstances. Despite this ruling any case where a whole life order is being considered should still be referred to the Appeals and Review Unit before any submissions are made and sentence passed by the court.
The court must take into account the seriousness of the offence or the combination of the offence and any one or more offences associated with it and any time served in custody on remand section 3. In considering the seriousness of the offence judges must have regard to the general principles set out in Schedule 21, Criminal Justice Act - section 5 a.
The court must first allocate a starting point based on the examples given in Schedule 21, then consider any aggravating or mitigating factors, plus the effects of the defendant's previous convictions, any plea of guilty and whether the offence was committed on bail.
The court has a duty to state in open court, in ordinary language, its reasons for arriving at the minimum term, including which starting point in Schedule 21 it selected and why section It is important to note that the judge retains discretion to determine the minimum term. Whilst having regard to the statutory guidance judges need only do so to the extent they consider appropriate, and are not bound to follow it see R v Sullivan and others [] EWCA Crim at paragraph However, the court must state its reasons for departing from the guidance section 2 b.
In R v Davies [] EWCA Crim the Court stated that, when deciding whether aggravating features exist to increase the appropriate starting point for the minimum term of a mandatory life sentence, the judge should apply the same standard of proof as that applied by a jury in reaching its verdict. The distinction between the factors that call for a 30 year starting point and those that call for a 15 year starting point are no less significant than that which has to be considered by a jury when distinguishing between alternative offences, and it would be anomalous if the same standard of proof did not apply in each case.
Judges should "have regard" to the principles set out in Schedule 21 but not follow it rigidly. From 3 December , section 65 9 of the Legal Aid, Sentencing and Punishment of Offenders Act amends Schedule 21 paragraph 5 2 g by providing for a starting point of 30 years for the minimum term for a life sentence for murder aggravated on the grounds of the victim's disability or transgender identity. Where the offender is 21 or over at the time of the offence and the court takes the view that the murder is so grave that the offender should spend the rest of their life in prison, a 'whole life order' is the appropriate starting point.
The early release provisions in section 28 of the Crime Sentences Act will then not apply. Such an order should only be specified where the court considers that the seriousness of the offence is exceptionally high. Such cases include:. Where the offence is not so serious as to warrant a whole life order but the seriousness of the offence is particularly high the appropriate starting point is 30 years.
The following examples are given:.
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