Legal Services
The next step in the first comprehensive review of murder law for 50 years has been announced by the Ministry of Justice.
The government is seeking views on recommendations put forward by the Law Commission following the publication of its report, Murder, Manslaughter and Infanticide. It will initially look at the commission’s proposals for: reformed partial defences to murder of provocation and diminished responsibility; reformed offences of complicity in relation to homicide; and improved procedures for dealing with infanticide.
Specialists and key stakeholders from within and outside the criminal justice system are being asked for their views on the commission’s recommendations over several months. If changes to the law are considered necessary, draft clauses will be published for consultation in the summer, the government says. Joy Merriam, chairman of the Criminal Lawyer Solicitors’ Association (CLSA), says: “The CLSA has been keenly anticipating the opportunity for there to be a detailed review of the law of homicide. However, the association is still in the early stages of considering its response.
“We consider that justice is best served by ensuring that the facts are fully rehearsed before the court including all appropriate defences and the court in turn is able to have some flexibility in terms of sentence.”
Justice Minister Maria Eagle says: “Murder is the most serious crime and it is essential that the law reflects this. The government remains committed to retaining the mandatory life sentence and the sentencing principles for murder set out in the Criminal Justice Act 2003.”
This stage of the review, Eagle says, will look at specific aspects of the operation of the law of murder to ensure that it protects the public and provides appropriate levels of punishment for those found guilty. “
The law needs to be clear and fair so that people have confidence in the criminal justice system. We want to have an open and inclusive debate on the issues before we bring forward firm proposals on how the law should be reformed,” she adds.
