These Regulations may be cited as the Sentencing Act 2020 (Amendment of Schedule 21) Regulations 2025.
The Lord Chancellor enacted the Sentencing Act 2020 (Amendment of Schedule 21) Regulations 2025, following consultation and parliamentary approval, to amend Schedule 21 of the Sentencing Code, which dictates minimum terms for mandatory life sentences for murder.
These Regulations introduce two new statutory aggravating factors that sentencing courts must consider for murders committed on or after the regulations come into force: first, whether the murder was connected to the end (or intended end) of the offender's intimate personal relationship with the victim; and second, whether the murder involved strangulation, suffocation, or asphyxiation.
Arguments For
Introducing statutory aggravating factors directly addresses specific, serious circumstances surrounding murder cases, potentially leading to longer minimum terms where such factors are present.
Incorporating factors related to domestic or relationship context (intimate personal relationship breakdown) recognizes the specific vulnerability often present in these types of homicides, aligning sentencing with public concern regarding domestic abuse.
Explicitly listing strangulation, suffocation, or asphyxiation as aggravating factors ensures judicial consideration of methods of killing that often imply cruelty or premeditation, promoting consistent sentencing for these severe acts.
Arguments Against
Retrospectively applying new sentencing considerations to offenses committed after a specific date can complicate application and potentially clash with sentencing expectations at the time of the offence, even if the factors themselves are new.
Mandating consideration of relationship context, while aimed at domestic homicide, risks overly broad application or could place undue focus on the relationship dynamic rather than the act of murder itself, potentially introducing subjectivity.
If the new factors do not sufficiently replace or overlap with existing discretionary considerations, they might lead to an increase in sentencing complexity without a clear reduction in judicial discretion or clearer sentencing outcomes.
The Lord Chancellor makes these Regulations in exercise of the powers conferred by paragraph 19(1) of Schedule 23 to the Sentencing Act 2020 (“the Act”). The Lord Chancellor has consulted the Sentencing Council for England and Wales in accordance with paragraph 19(2) of Schedule 23 to the Act. In accordance with section 407(7) of, and paragraph 19(4) of Schedule 23 to, the Act, a draft of these Regulations has been laid before, and approved by a resolution of, each House of Parliament.
The Lord Chancellor created these Regulations using authority granted under paragraph 19(1) of Schedule 23 of the Sentencing Act 2020, referred to as 'the Act'.
Before making the rules, the Lord Chancellor consulted with the Sentencing Council for England and Wales, as required by paragraph 19(2) of the same schedule.
Furthermore, a draft of the Regulations was presented to and approved by both Houses of Parliament, satisfying the requirement under section 407(7) and paragraph 19(4) of Schedule 23 to the Act.
Citation, commencement and extent1.
(1)
(2)
These Regulations come into force 21 days after the day on which they are made.
(3)
These Regulations extend to England and Wales only.
The official title of this legislation is the Sentencing Act 2020 (Amendment of Schedule 21) Regulations 2025.
This section establishes how the rules are referenced formally.
These rules become legally effective 21 days after the date they are officially made.
This provides a short period before implementation.
The scope of these Regulations is limited geographically, applying only to the jurisdictions of England and Wales.
Amendment of Schedule 21 to the Sentencing Code2.
(1)
Schedule 21 to the Sentencing Code (determination of minimum term in relation to mandatory life sentence for murder etc.) is amended as follows.
(2)
In paragraph 9—
(a)
after sub-paragraph (ba), insert—
(bb)
where the offence was committed on or after the day on which the Sentencing Act 2020 (Amendment of Schedule 21) Regulations 2025 came into force, the fact that the murder was connected with—
(i)
the end of the offender’s intimate personal relationship with the victim,
(ii)
the victim intending to bring about the end of that intimate personal relationship, or
(iii)
a belief by the offender as to a thing mentioned in sub-paragraph (i) or (ii),”;
(b)
after sub-paragraph (c), insert—
(ca)
where the offence was committed on or after the day on which the Sentencing Act 2020 (Amendment of Schedule 21) Regulations 2025 came into force, the fact that the murder involved strangulation, suffocation or asphyxiation,”.
This part modifies paragraph 9 of Schedule 21 within the Sentencing Code.
Schedule 21 outlines how courts must determine the minimum mandatory term that someone convicted of murder must serve.
The first change, under subparagraph (bb), introduces a new consideration for murders committed on or after the date these Regulations become law.
This factor applies if the murder was linked to the end of the offender's intimate personal relationship with the victim, if the victim intended to end the relationship, or if the offender believed either of these two points to be true.
The second change, under subparagraph (ca), mandates the consideration of another factor, again only for offences committed after the regulations are active: whether the murder involved strangulation, suffocation, or asphyxiation.
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