Sentencing Act 2020
An Act to consolidate certain enactments relating to sentencing.
I found the legislation for sentencing minors for serious crimes.
In brief, they look at what the sentence would be if they were an adult then adjust based on age at the time the crime was committed.
So for a 15 year old the minimum starting point options would be
- 20 years if it would usually warrant a whole life order
- 17 years if starting point is usually 25 years
- 10 years if the starting point is usually 15 years
To get a whole life order (or starting point of 20 years for a 15 year old) the criteria I think is relevant to this case is:
b)the murder of a child if involving the abduction of the child or sexual or sadistic motivation,
[F1(ba)the murder of a child involving a substantial degree of premeditation or planning, where the offence was committed on or after the day on which section 125 of the Police, Crime, Sentencing and Courts Act 2022 came into force,]
This is just starting point so aggravating factors / mitigation may add or reduce to the minimum life term.
I attach pic of aggravating and mitigating factors from legislation. I think Brianna’s mental health vulnerability will be considered an aggravating factor.
I can’t see any relevant mitigating factors apart from age but that would already be taken into account with the starting point.
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