header-logo header-logo

11 December 2024
Issue: 8098 / Categories: Legal News , Criminal
printer mail-detail

Prison building & criminal justice reform

Strangulation and homicide connected with the end of a relationship will be made statutory aggravating factors for murder, the Lord Chancellor Shabana Mahmood has confirmed.

She announced last week she will bring forward statutory instruments implementing both actions, which were recommended in 2023 by Clare Wade KC’s independent Domestic Homicide Sentencing Review.

Mahmood said strangulation was involved in nearly one third of murder cases analysed by Wade’s review, and is now recognised as a method of exerting power and control. In more than one third of cases, the murder occurred at the end or perceived end of the relationship—‘the final controlling act of an abusive partner’.

She anticipates the legislation will come into force in 2025.

Mahmood has asked the Law Commission to review the law of homicide and the sentencing framework for murder. She told MPs she was concerned about ‘the interactions between the law on homicide and joint enterprise and the extent to which the law reflects a modern understanding of the effects of domestic abuse.

‘Following the Nottingham attacks last year, the families of the victims have also called for homicide law reform, particularly with regard to how diminished responsibility should be reflected in the classification of homicide offences’. Other concerns include ‘the inadequate reflection of prior abuse in minimum terms for abusive men who kill their female victims, and disproportionately long tariffs for women who kill their male abusers’.

Mahmood said this week an extra four prisons with an additional 14,000 prison spaces will be built by 2031, at a cost of £2.3bn

Law Society president Richard Atkinson welcomed the investment but warned ‘it will be essential that building more prisons is matched by investment in legal aid, the Crown Prosecution Service and courts’.

Fielding justice questions in Parliament this week, justice minister Sarah Sackman said the government has increased Crown Court sitting days this year by 500 days. However, ‘demand in the criminal courts is increasing at a faster rate than the actions we are able to take,’ she said. ‘We have to look at fundamental reform to address the serious backlogs we inherited’.
Issue: 8098 / Categories: Legal News , Criminal
printer mail-details

MOVERS & SHAKERS

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

Daniel Burbeary, office managing partner of Michelman Robinson, discusses launching in London, the power of the law, and what the kitchen can teach us about litigating

Joelson—Jennifer Mansoor

Joelson—Jennifer Mansoor

West End firm strengthens employment and immigration team with partner hire

JMW—Belinda Brooke

JMW—Belinda Brooke

Employment and people solutions offering boosted by partner hire

NEWS
A seemingly dry procedural update may prove potent. In his latest 'Civil way' column for NLJ this week, Stephen Gold explains that new CPR 31.12A—part of the 193rd update—fills a ‘lacuna’ exposed in McLaren Indy v Alpa Racing
The long-running Mazur saga edged towards its finale as the Court of Appeal heard arguments on whether non-solicitors can ‘conduct litigation’. Writing in NLJ this week, Professor Dominic Regan of City Law School reports from a packed courtroom where 16 wigs watched Nick Bacon KC argue that Mr Justice Sheldon had failed to distinguish between ‘tasks and responsibilities’

The Court of Appeal has slammed the brakes on claimants trying to swap defendants after limitation has expired. In Adcamp LLP v Office Properties and BDB Pitmans v Lee [2026] EWCA Civ 50, it overturned High Court rulings that had allowed substitutions under s 35(6)(b) of the Limitation Act 1980, reports Sarah Crowther of DAC Beachcroft in this week's NLJ

Cheating in driving tests is surging—and courts are responding firmly. Writing in NLJ this week, Neil Parpworth of De Montfort Law School charts a rise in impersonation and tech-assisted fraud, with 2,844 attempts recorded in a year
As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
back-to-top-scroll