Criminal Law Legislation Update
| Author | Sally Louise Ireland |
| Published date | 01 March 2004 |
| Date | 01 March 2004 |
| DOI | http://doi.org/10.1350/jcla.68.2.90.29119 |
| Subject Matter | Article |
Criminal Law Legislation
Update*
Sally Louise Ireland†
Criminal Justice Act 2003 c.44
●The Criminal Justice Act 2003 received Royal Assent on 20 No-
vember 2003. The majority of its provisions are not yet in force.
Those in force are outlined below.
Provisions coming into force on 18 December 2003
Life sentences
Where a mandatory life sentence is passed, the court must make either
a ‘whole-life order’ (indicating that the offender should not be released),
or order that the early release provisions in the Crime (Sentences) Act
1997 are to apply to the offender as soon as he has served the part of his
sentence specified in the order. The part of the sentence specified is to be
such as the court thinks appropriate, taking into account the seriousness
of the offences sentenced on that occasion and the effect of any credit for
remand in custody that would have been given if a fixed-term sentence
had been passed. The seriousness of the offence is to be calculated by
reference to the principles in Sched. 21.
Schedule 21 indicates starting points for minimum sentences to be
served. The appropriate starting point for an offence of ‘exceptionally
high seriousness’ is a whole-life order, providing that the offender was
over 21 when the offence was committed. Offences of ‘exceptionally
high seriousness’ include aggravated child murders, murders involving
terrorism, aggravated multiple murders, and murders by offenders with
a previous conviction for murder. Starting points are then graded down
according to the seriousness of the offence through 30 years to 15 years
for adults. Examples are given of the types of murders that should attract
sentences with whole-life orders and 30-year starting points. For offend-
ers who were aged under 18 at the time of the offence the starting point
is always 12 years.
Schedule 21 provides that, having determined the appropriate start-
ing point, the judge should then take into account any aggravating or
mitigating factors to the extent not already done in calculating the
starting point. It lists mitigating factors, and additional aggravating
factors, that may be relevant. The Schedule does not restrict the applica-
tion of certain other provisions in the Act relating to previous convic-
tions, bail and guilty pleas.
As well as the provisions of Sched. 21, the judge should consider any
offence guidelines relevant to the case that are not incompatible with
* As at 19 January 2004.
†Barrister, 18 Red Lion Court.
90
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