I wonder if the accused will be making a court appearance today at the court in Glasgow to be remanded in custody. He wont be bailed as bail isn't offered in Scotland for serious crimes like murder. I wonder if there will be other charges in addition to murder kidnapping or rape for eg.
This link gives information about murder charges for persons aged 21 and over in Scotland.
Crown Prosecution Service - Sentencing - Mandatory life sentences in Murder cases
http://www.cps.gov.uk/legal/s_to_u/sentencing_-_mandatory_life_sentences_in_murder_cases/
Schedule 21 sets out the basic starting points.
a) For adults aged 21 years old and over there are 4 starting points:
a whole life order;
30 years;
25 years (effective from 2 March 2010); and
15 years.
Where the offender is 21 or over at the time of the offence and the court takes the view that the murder is so grave that the offender should spend the rest of their life in prison, a 'whole life order' is the appropriate starting point. The early release provisions in section 28 of the Crime (Sentences) Act 1997 will then not apply. Such an order should only be specified where the court considers that the seriousness of the offence is exceptionally high. Such cases include:
a) the murder of two or more persons where each murder involves a substantial degree of premeditation, the abduction of the victim, or sexual or sadistic conduct;
b) the murder of a child if involving the abduction of the child or sexual or sadistic motivation;
c) a murder done for the purpose of advancing a political, religious or ideological cause; or
d) a murder by an offender previously convicted of murder.
Where the offence is not so serious as to warrant a whole life order but the seriousness of the offence is particularly high the appropriate starting point is 30 years. The following examples are given:
a) the murder of a police or prison officer in the course of his duty;
b) a murder involving the use of a firearm or explosive;
c) a murder done for gain (in the course of a robbery or burglary, or done for payment);
d) a murder intended to obstruct or interfere with the course of justice;
e) a murder involving sexual or sadistic conduct;
f) the murder of two or more persons; or
g) a murder that is racially or religiously aggravated or aggravated by sexual orientation.
Where the offender the offender took a knife or other weapon to the scene intending to (a) commit any offence, or (b) have it available to use as a weapon, and used that knife or other weapon in committing the murder the normal starting point is 25 years. This increased minimum term does not apply in relation to a life sentence imposed for an offence of murder committed before 2 March 2010.
For all other offences the appropriate starting point is 15 years.
Aggravating and Mitigating Factors
Having set a starting point the court must take into account any aggravating or mitigating factors, to the extent that it has not allowed for them in its choice of starting point (paragraph 8, Schedule 21).
Under paragraph 9, detailed consideration of aggravating or mitigating factors may result in a minimum term of any length (whatever the starting point) or in the making of a whole life order.
Aggravating factors that may be relevant include:
a) a significant degree of planning or premeditation;
b) the victim was vulnerable because of age or disability;
c) mental or physical suffering inflicted on the victim before death;
d) the abuse of a position of trust;
e) the use of duress or threats against another person to facilitate the commission of the offence;
f) the victim was providing a public service or performing a public duty; and
g) concealment, destruction or dismemberment of the body.
Mitigating factors include:
a) an intention to cause serious bodily harm rather than kill;
b) lack of premeditation;
c) the offender suffers from a mental disorder or disability (not falling within section 2(1) of the Homicide Act 1957) which lowered their degree of culpability;
d) the offender was provoked in a way not amounting to a defence of provocation;
e) the offender acted to any extent in self-defence;
f) a belief by the offender that the murder was an act of mercy;
g) the age of the offender.
The court should also consider any previous convictions, whether the offence was committed on bail and if the offender pleaded guilty.
The court should take into account any period the offender has spent on remand in connection with the offence or a related offence. The offender will get no credit for time served on remand unless it is taken into account when setting the minimum term. The court should normally subtract the time for which the offender was remanded from the punitive period it would otherwise impose in order to reach the minimum term.
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