Policy background Custodial Sentences Starting points for murder committed when under 18
Detention at Her Majesty’s Pleasure ("DHMP") is a mandatory life sentence for offenders who commit the offence of murder when they are a child, as set out in section 259 of the Code. As with all life sentences, the court must set a minimum term to be served in custody before the offender can be considered for release by the Parole Board. Paragraph 6 of Schedule 21 to the Code sets the minimum term starting point at 12 years for all children. Section 127 amends the Code to introduce a sliding scale of starting points for minimum terms. The scale takes into consideration the age of the child and the seriousness of the murder. The older the child and the more serious the murder, the higher the starting point.
	Those who are sentenced to DHMP can currently apply for a review of their minimum term at the halfway point. The purpose of the review is to determine if the existing minimum term is still appropriate, in light of the individual’s progress in custody. The individual can apply for further reviews every two years under current policy. Section 128 enshrines the minimum term review process into legislation. It also removes eligibility for continuing reviews past the age of 18. Those sentenced to DHMP will be eligible for only a single review at the halfway point of their minimum term but no further reviews once they have turned 18. Those who were already age 18 or over at sentencing will no longer be eligible for any minimum term review.