1 In this Schedule—
"child" means a person under 18 years;
"mandatory life sentence" means a life sentence passed in circumstances where the sentence is fixed by law;
"minimum term", in relation to a mandatory life sentence, means the part of the sentence to be specified in an order under section (Determination of minimum term in relation to mandatory life sentence);
"whole life order" means an order under subsection (4) of section (Determination of minimum term in relation to mandatory life sentence).
2 Section 28 of the Crime and Disorder Act 1998 (c. 37) (meaning of "racially or religiously aggravated") applies for the purposes of this Schedule as it applies for the purposes of sections 29 to 32 of that Act.
3 For the purposes of this Schedule an offence is aggravated by sexual orientation where the offence would be racially or religiously aggravated if the references in section 28(1) and (2) of the Crime and Disorder Act 1998 (c. 37) to a racial or religious group were a reference to a group of persons defined by reference to their sexual orientation.
4 (1) If—
the appropriate starting point is a whole life order.
(2) Cases that would normally fall within subparagraph (1)(a) include—
5 (1) If—
the appropriate starting point, in determining the minimum term, is 30 years.
(2) Cases that (if not falling within paragraph 4(1)) would normally fall within subparagraph (1)(a) include—
6 In a case not falling within paragraph 4(1) or 5(1), the appropriate starting point, in determining the minimum term, is 15 years.
Aggravating and mitigating factors
7 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.
8 Detailed consideration of aggravating or mitigating factors may result in a minimum term of any length (whatever the starting point), or in the making of a whole life order.
9 Aggravating factors (additional to those mentioned in paragraph 4(2) and 5(2)) that may be relevant to the offence of murder include—
10 Mitigating factors that may be relevant to the offence of murder include—
11 Nothing in this Schedule restricts the application of—
Brought up, read the First and Second time, and added to the Bill.