header-logo header-logo

Provocation defence concerns

13 November 2008
Issue: 7345 / Categories: Legal News , Legal services
printer mail-detail

Government proceeding with changes to homicide law despite unease

The government has pledged to press on with its proposals to reform the law of homicide, despite expressions of unease from the former lord chief justice.

Lord Phillips, speaking at a lecture for Essex University students, at the offices of Cliff ord Chance, said that the decision to remove the defence of provocation would add another layer of complexity to judges’ summing up and create further difficulties for the jury.

He went on to express his apprehension about the decision to remove evidence of a partner’s infidelity from a provocation defence.

“I must confess to being uneasy about a law which so diminishes the significance of sexual infidelity as expressly to exclude it from even the possibility of amounting to provocation,” he said.

Harriet Harman, minister for women, responding to his comments in The Observer, said: “We have had the discussion, we have had the debate, and we have decided and are not going to bow to judicial protests. When we have changed the law, we are confident the judiciary will implement it. I am determined that women should understand that we don’t brook any excuses for domestic violence.”

Professor Leonard H Leigh, barrister and honorary fellow of the Inner Temple, says that such statements from the government suggest “an utterly closed mind”.

“The minister has simply ignored a number of issues raised by Lord Phillips. I doubt whether the defence of provocation could, given its internal tensions, ever be made to work entirely satisfactorily.

“It is required as a doctrine only because of successive governments’ stubborn adherence to the political compromise represented by the mandatory life penalty,” says Leigh.

Leigh suggests that little thought appears to have been given to how the government’s proposals would apply to honour killings.

“Many of these cases could not remotely attract provocation, or any other defence, nor should they. Many were murder, committed deliberately, in circumstances of utmost barbarity,” says Leigh.

He continues: “It is surely extreme to provide that infi delity as such, whatever the actor’s immediate emotional response to it may be, can never raise a qualified defence.”

“As it stands, the defence of provocation does not allow an open season on spouses,” he adds.

Issue: 7345 / Categories: Legal News , Legal services
printer mail-details

MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
Is a suspect’s state of mind a ‘fact’ capable of triggering adverse inferences? Writing in NLJ this week, Andrew Smith of Corker Binning examines how R v Leslie reshapes the debate
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
back-to-top-scroll