Paragraph 4 I1

England and Wales

(1)

If—

(a)

the case does not fall within paragraph 2(1) or 3(1),

(b)

the offence falls within sub-paragraph (2), F1...

(c)

the offender was aged 18 or over when the offence was committed, F2and

(d)

the offence was committed on or after 2 March 2010,

the offence is normally to be regarded as sufficiently serious for the appropriate starting point, in determining the minimum term, to be 25 years.

(2)

The offence falls within this sub-paragraph if the offender took a knife or other weapon to the scene intending to—

(a)

commit any offence, or

(b)

have it available to use as a weapon,

and used that knife or other weapon in committing the murder.

Annotations

F1: Word in Sch. 21 para. 4(1)(b) omitted (28.6.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(aa), Sch. 21 para. 9(a)
F2: Word in Sch. 21 para. 4(1)(c) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(aa), Sch. 21 para. 9(b)

C1: Sch. 21 modified (28.6.2022) by 2006 c. 52, s. 261A(5) (as inserted by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 148, 208(5)(p))