Murder ~ offender under 18 at the time

On Monday 20 January at the Crown Court in Liverpool, Axel Radakubana (now aged 18) entered guilty pleas to the murders of three children in Southport. 

The pleas were entered on the day the trial was due to commence.

Sentencing was set for Thursday 23 January. 

There are several further guilty pleas which will also be dealt with.

The fact that Radakubana was under 18 at the time of the offences is particularly important. This makes the sentence for murder one of Detention during His Majesty's Pleasure - see Sentencing Act 2020 section 259. This is the equivalent of the sentence of life imprisonment imposed on those aged 18 or over at the time of the offence.

Nonetheless, a MINIMUM TERM has to be set by the judge.

In 2022, the Police, Crime, Sentencing and Courts Act 2022 received Royal Assent. Section 127 inserted a new paragraph 5A into Schedule 21 of the Sentencing Act 2020.

The new paragraph sets the "STARTING POINT" for sentences for murder when committed by someone under age 18 at the time of the killing. The murders took place on 29 July 2024 and Radakubana turned 18 on 6 August.

The most likely starting point is therefore 27 years given that seriousness is "particularly high".

Whole Life Orders do not apply for those under 18 at the time of the murder.

The minimum term can be adjusted by the judge either upwards or downwards. ALL the factors (aggravating and mitigating) have to be taken into account. 

The Minimum Term is the time to be served in custody before the individual is eligible for release to be considered by the Parole Board. 

In murder cases, release is always on Licence which lasts for the offender's natural life. Licences can have strict terms with breaches likely to result in recall to prison.

We must now await the actual sentencing .....