Widening Aggravating and Mitigating Factors

When a defendant is found guilty and sentenced, mitigating factors can be put forward by their legal representative to lessen any sentence and aggravating factors put forward by the Crown Prosecution Service to try and increase any sentence imposed. Mitigating factors could include such thing as showing remorse, previous good character or cooperating with the police. Aggravating factors could include previous convictions, a high degree of planning or committing an offence whilst on bail. These have to be finely judged by the magistrate or judge imposing any sentence.

In December 2024 two new aggravating factors were announced for murders committed in the context of domestic relationships where this either involved strangulation or was connected to the end of a relationship. This has come from a concerted effort by the government to protect against violence against women and girls and due to the fact that the sentencing guidelines for murder are in need of review, having stayed unchanged since they were introduced in 2003. This has led to some inconsistencies, such a murder with a knife which has been brought to the crime scene having a starting point of a 25 year sentence whereas murder with a knife already at the crime scene is has a starting point of a 15 year sentence. This means that any domestic murder where a knife is already present at the scene will have a lower starting point. As well as looking at sentencing murders committed in a domestic context the Law Commission is also going to review diminished responsibility.

New sentencing guidelines on mitigating factors also came into force last year in April, whereby it should now be considered if a person comes from a difficult or deprived background or personal circumstance. This could include factors such as discrimination, neglect or abuse, low educational attainment, mental health difficulties or witnessing domestic violence. Concerns were raised over the wide-ranging nature of these which could be applicable to many defendants.

Questions to consider

-What other mitigating and aggravating factors, as well as those mentioned in the above, can you think of that would impact on any sentence handed out?

-Do you agree that the changes to mitigating factors stated above could be too wide ranging?

-How would you amend he sentencing guidelines for murder?

-How would you amend the law on diminished responsibility?

-If the Law Commission makes any recommendations for change do these have to be adopted?