Criminal Justice Act 2003 (Mandatory Life Sentence: Determination of Minimum Term) Order 2010

My Lords, we would say not. We are looking at intent and at someone who takes a knife or other weapon with them with the intent of committing a criminal offence. We say that if they have done that and they kill someone the court is entitled to start at 25 years. I give the example of someone taking a knife with them to commit a burglary. Perhaps they take the knife with them to use it for a criminal offence. Let us say that the householder apprehends them and they then use that knife to kill that householder. They have taken the knife with them to the place where they are going to commit the offence in order to commit an offence, but then use the knife, which they took for the criminal offence of burglary, to kill. It was the fact that they took the knife with them to commit an offence that enabled them to use the knife to kill the householder. In those circumstances, it must be right that the court is given the opportunity to say that it will start at its starting point. That does not mean that that is where it will stay, because it can take all factors into account, but it sends a very clear message that if someone goes out from their home or where they live and take a weapon with them with the intent of using it to commit an offence, they are at risk of a 25-year starting point and will have to argue with the court about why in their particular circumstances is not fair and should not apply because the intention was something else. It changes the balance from where we start. If someone takes a knife with them to commit an offence—does not pick it up or, in the heat of the moment, find an implement or weapon and use it—that should be marked by a higher sentence. That is how we think that it will be used. Motion agreed.