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

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
back-to-top-scroll