Legislation – The Sentencing Act 2020 (Amendment of Schedule 21) Regulations 2024

These Regulations amend paragraphs 9 and 10 of Schedule 21 to the Sentencing Act 2020. They create two additional statutory aggravating factors, and one additional statutory mitigating factor, in the determination of the minimum term in relation to mandatory life sentences for murder.

The new aggravating factors apply where: (1) the offender had repeatedly or continuously engaged in behaviour towards the victim that was controlling or coercive and, at the time of the behaviour, the offender and victim were personally connected within the meaning of section 76(6) to (7) of the Serious Crime Act 2015; and (2) the offender used sustained and excessive violence towards the victim (sometimes referred to as “overkill”).

The new mitigating factor applies where the victim had repeatedly or continuously engaged in behaviour towards the offender that was controlling or coercive and, at the time of the behaviour, the victim and offender were personally connected within the meaning of section 76(6) to (7) of the Serious Crime Act 2015.

These new statutory aggravating and mitigating factors only apply to offences committed on or after the day on which these Regulations come into force.

A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector and community bodies is available from www.legislation.gov.uk.