Criminal Justice (Sentencing etc) Bill

PART 3

LIFE SENTENCES

Duty to give reasons when determining a tariff

18. In Article 5 of the Life Sentences (Northern Ireland) Order 2001, after paragraph (3) insert—

“(3A) Where the court makes an order under paragraph (1) or (3), the court must—

(a) state in open court, in ordinary language, the court’s reasons for deciding on the order, and

(b) explain to the offender, in ordinary language, the effect of the order.”.

Mandatory life sentences for adult offenders: further provision

19.—(1) After Article 5A of the Life Sentences (Northern Ireland) Order 2001 insert—

“Mandatory life sentences for adult offenders: further provision

5B.—(1) This Article applies where—

(a) a court passes a life sentence for an offence the sentence for which is fixed by law, and

(b) the offender in respect of whom the sentence is passed was aged 18 or over when the offence was committed.

(2) In considering the seriousness of the offence, or the combination of the offence and one or more offences associated with it, under Article 5(2) or (3) the court must have regard to the general principles set out in Schedule A1.

(3) In complying with the duty under Article 5(3A)(a) to give reasons, the court must in particular—

(a) state which of the starting points in Schedule A1 it has chosen and its reasons for doing so, and

(b) state its reasons for any departure from that starting point.”. Criminal Justice (Sentencing etc) Bill 11 Part 3—Life sentences

(2) Schedule 3 inserts new Schedule A1 to the Life Sentences (Northern Ireland) Order 2001, relating to the determination of tariffs in the case of mandatory life sentences for adult offenders.

SCHEDULE 3

MANDATORY LIFE SENTENCES: ADULT OFFENDERS 

1. After Article 13 of the Life Sentences (Northern Ireland) Order 2001 insert—

“SCHEDULE A1 

DETERMINATION OF TARIFFS IN CASES OF MANDATORY LIFE SENTENCE: ADULT OFFENDERS

Starting points

1.—(1) The appropriate starting point is 20 years where 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.

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

(a) 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); 

(b) a murder intended to obstruct or interfere with the course of justice;

(c) a murder involving any of the following—

(i) sadistic conduct,

(ii) gratuitous or excessive violence, 

(iii) sexual maltreatment, humiliation or degradation;

(d) the murder of two or more persons;

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

(f) the murder of a police officer, a prison officer or a fire and rescue officer;

(g) the murder of a person who was serving or had ceased to serve as a police officer or a prison officer where the offence was motivated wholly or partly by something done by the victim in the course of their duty as a police officer or a prison officer;

(h) the murder of a vulnerable person;

(i) a murder aggravated by racial hostility, religious hostility, hostility related to sexual orientation, or hostility related to disability;

(j) a murder where the victim and the offender were personally connected within the meaning of section 5 of the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021;

(k) a murder where the offender had repeatedly or continuously engaged in behaviour towards the victim that was controlling or coercive.

(3) In sub-paragraph (2)—

“fire and rescue officer” has the meaning given by Article 2(2) of the Fire and Rescue Services (Northern Ireland) Order 2006; “prison officer” means an individual appointed to a post under section 2(2) of the Prison Act (Northern Ireland) 1953;

“vulnerable person” has the meaning given by section 36(7) of the Criminal Justice (Sentencing etc) Act (Northern Ireland) 2026.

(4) Section 33(2) of the Criminal Justice (Sentencing etc) Act (Northern Ireland) 2026 (aggravation by hostility) applies for the purposes of determining whether an offence is aggravated in any of the ways mentioned in sub-paragraph (2)(i) as it applies for the purposes of that section.

2. If the case does not fall within paragraph 1(1), the appropriate starting point is 15 years.

Aggravating and mitigating factors

3. Having chosen a starting point, the court should take into account any aggravating or mitigating factors, to the extent that it has not allowed for them in its choice of starting point.

4. Detailed consideration of aggravating or mitigating factors may result in a term of any length being specified in an order under Article 5(1) (whatever the starting point), or in the making of an order under Article 5(3).

5.—(1) Aggravating factors (additional to those mentioned in paragraph 1(2)) that may be relevant to the offence of murder include—

(a) the fact that the murder was planned;

(b) the use of a weapon;

(c) arming with a weapon in advance;

(d) the concealment, destruction or dismemberment of the body;

(e) the concealment or destruction of evidence;

(f) the fact that the murder was the culmination of cruel or violent behaviour by the offender towards the victim over a period of time;

(g) the abuse of a position of trust;

(h) a failure to obtain medical assistance for the victim;

(i) the fact that the offender had engaged in behaviour that was abusive of a person other than the victim and with whom the offender was personally connected, at the time.

(2) The following apply for the purposes of sub-paragraph (1)(i) as they apply for the purposes of Chapter 1 of Part 1 of the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021 (to give meanings to certain expressions)—

(a) section 2 (as read with section 3(2)) of that Act, (b) sections 4 and 5 of that Act.

6.—(1) Mitigating factors that may be relevant to the offence of murder include—

(a) an intention to cause grievous bodily harm, rather than to kill;

(b) a lack of pre-meditation;

(c) the fact that the offender intended to act in self-defence;

(d) a belief by the offender that the murder was an act of mercy;

(e) the age of the offender;

(f) clear evidence of remorse;

(g) the fact that the offender suffered from any mental disorder which lowered the degree of culpability for the killing, although not affording a defence of diminished responsibility.

(2) In sub-paragraph (1)(g), “mental disorder” has the meaning given by Article 3(1) of the Mental Health (Northern Ireland) Order 1986.

7. Nothing in this Schedule restricts the application of—

(a) Article 33 of the Criminal Justice (Northern Ireland) Order 1996 (reduction in sentence for guilty plea), or 

(b) Article 37 of that Order (previous convictions and offending while on bail).

Power to amend provision relating to starting points 

8.—(1) The Department may by regulations substitute any period of time for the time being specified in—

(a) paragraph 1(1);

(b) paragraph 2.

(2) The Department may by regulations amend—

(a) paragraph 1(2) to add further cases that would normally fall within sub-paragraph (1) of that paragraph;

(b) paragraph 5 in consequence of any amendment to paragraph 1(2).

(3) Regulations under this paragraph may contain such consequential, incidental, supplementary, transitional, transitory and savings provisions as appear to the Department to be necessary or expedient.

(4) Regulations under this paragraph may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Assembly.”.