86E When murder is a stage-2 or stage-3 offence

(1)

This section applies if—

(a)

an offender is convicted of murder; and

(b)

that murder is a stage-2 offence or a stage-3 offence.

(2)

If this section applies, the court must—

(a)

sentence the offender to imprisonment for life for that murder; and

(b)

order that the offender serve that sentence of imprisonment for life without parole unless the court is satisfied that, given the circumstances of the offence and the offender, it would be manifestly unjust to do so.

(3)

If the court does not make an order under subsection (2)(b), the court must give written reasons for not doing so.

(4)

If the court does not make an order under subsection (2)(b), the court must,—

(a)

if that murder is a stage-3 offence, impose a minimum period of imprisonment of not less than 20 years unless the court is satisfied that, given the circumstances of the offence and the offender, it would be manifestly unjust to do so; and

(b)

if that murder is a stage-2 offence, or if the court is satisfied that a minimum period of imprisonment of not less than 20 years under paragraph (a) would be manifestly unjust, order that the offender serve a minimum period of imprisonment in accordance with section 103.

(5)

If, in the case of a stage-3 offence, the court imposes under subsection (4)(a) a minimum period of imprisonment of less than 20 years, the court must give written reasons for doing so.

(6)

If, in the case of a stage-2 offence, the court makes an order under subsection (4)(b) and the offender does not, at the time of sentencing, have a record of final warning, the court must—

(a)

warn the offender of the consequences if the offender is convicted of any serious violent offence committed after that warning; and

(b)

record that the offender has been warned in accordance with paragraph (a).

(7)

It is not necessary for a Judge to use a particular form of words in giving the warning.

(8)

On the entry of a record under subsection (6)(b), the offender has a record of final warning.

(9)

The court must give the offender a written notice that sets out the consequences if the offender is convicted of any serious violent offence committed after the warning given under subsection (6)(a).

Section 86E: inserted, on 1 June 2010, by section 6(1) of the Sentencing and Parole Reform Act 2010 (2010 No 33).