SentencingCampaign

Welcome to this website in memory of our beloved

Buster Knight

Murder Sentencing Campaign

Aims

We are petitioning government to take urgent action to reduce violence in our society by -

- adopting and implementing a zero-tolerance policy towards ALL violent crime

- ensuring that message is sent loud and clear, including via tougher sentences, media

advertising campaigns and education in schools

- increasing the minimum-term starting point for murder from just 15 years to at least 25 years

Sentencing for Murder

When judges decide the number of years a convicted murderer will serve in prison they adhere to 'minimum term' starting points - the starting point may then be adjusted in accordance with aggravating or mitigating factors in order to decide the minimum prison term. There are various starting points depending on the 'seriousness' of the murder.

          The majority of murders fall under the starting point of just 15-years in prison.



We are campaigning to increase the 15-year starting point to at least 25 years





We believe that just 15-years in prison for deliberately ending another's life is totally unacceptable. Of course, no amount of time the murderer spends in prison will bring back the victim's life, will ever bring back a loved-one......

but just 15-years in prison for deliberately ending someone's life simply does not recognise our 'right to life', does not in any way reflect that our lives are worth more than property and/or money, does not send a clear signal to society of the utmost seriousness of taking another's life and is not a deterrent -

murder is the most serious crime

the sentence should and must reflect and uphold that

Details of sentencing starting points for murder - 1

There are various 'minimum term' starting points

(the minimum number of years to be served actually in prison by a convicted murderer)

Criminal Justice Act 2003

Schedule 21: Determination of minimum term in relation to mandatory life sentences

Paragraphs 4, 5, 6 and 7 of the Criminal Justice Act 2003 set out the starting points that a court should adopt when determining a minimum term. The starting point may be adjusted in accordance with the presence of aggravating or mitigating factors in order to arrive at the finally determined minimum term. (See below for details of paragraphs 4, 5, 6 and 7.)

The numbers of murders falling within paragraphs 4 and 5 will form a relatively small although significant proportion of all the murders that come before the courts. The majority of murders will therefore attract a starting point of 15 years under paragraph 6. Paragraph 7 provides a separate starting point of 12 years for offenders aged under 18 at the time the offence was committed.

Once a starting point has been chosen, the court will then go on to consider factors that either increase or reduce the seriousness of the murder and make the necessary adjustments to arrive at the final minimum term. The vast majority of cases will attract minimum terms that reflect the categorisation of cases set out in paragraphs 4 to 7.

For full details see Criminal Justice Act 2003

Details of sentencing starting points for murder - 2

Paragraph 6 - starting point 15-years

The offender was aged 18 or over when he committed the offence and the case does not fall within paragraph 4 or 5 the so-called 'appropriate' starting point, in determining the minimum prison term, is 15 years - the majority of murders will fall under this 15 years starting point.

Paragraph 4 - whole life order

the offender was aged 21 or over and 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.

'Exceptionally high' cases include:

	the murder of two or more persons where each murder involves any of the following - a substantial degree of premeditation or planning, the abduction of the victim or sexual or sadistic conduct
	the murder of a child IF involving the abduction of the child or sexual or sadistic motivation
	a murder done for the purpose of advancing a political, religious or ideological cause, OR
	a murder by an offender previously convicted of murder

Paragraph 5 - starting point 30 years

the offender was aged 18 or over when he committed the offence and the case does not fall within paragraph 4 but the court considers that the seriousness of the offence (or the combination of the offence and one or more offences associated with it) is particularly high.

'Particularly high' cases include:

	the murder of a police officer or prison officer in the course of his duty
	a murder involving the use of a firearm or explosive (NB not use of a knife or other weapon)
	a murder done for financial gain
	a murder intended to obstruct or interfere with the course of justice
	a murder involving sexual or sadistic conduct
	the murder of two or more persons
	a murder that is racially or religiously aggravated or aggravated by sexual orientation
	a murder falling within paragraph 4 committed by an offender who was aged under 21 when he committed the offence

Paragraph 7 - starting point 12 years

The offender was aged under 18 when he committed the offence.

For full details see Criminal Justice Act S.21

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Last updated: 06-09-2009