‘Degrees of homicide’ urged
The murder laws should be reformed with the introduction of “degrees of homicide”, according to the Director of Public Prosecutions.
Ken Macdonald QC told The Times that he “strongly” supported proposals to introduce degrees of murder to Criminal Law.
UK law recognises all murder as a single crime that carries a mandatory life sentence. A murder charge scale would see judges given more flexibility over sentencing and be able to take account of variations in the crime, such as whether it was premeditated or accompanied by another crime such as torture or rape.
A Law Commission report last year branded the murder laws a “mess”, reflecting judges concerns that the current laws require them to treat murders the same, regardless of whether it was a sadistic killing or helping a loved one to die.
At the time then-Home Secretary David Blunkett said there would be a review of the murder laws but a change in Home Secretary, the furore surrounding identity cards and anti-terror legislation has seen it put on the backburner.
In an interview Mr Macdonald declared: “I am strongly in favour of a system that recognises degrees of homicide”, adding that this should ensure that prosecutors did not opt for a safe manslaughter conviction where murder might be a more appropriate charge.
But he rejected suggestions that reform would see serious murders treated more leniently, saying: “If we are talking about a serious homicide, killing with an intention to kill, that should attract a mandatory life sentence.”
And the Home Office moved quickly to say that a mandatory life sentence was non-negotiable.
A Home Office spokesperson said: “Whatever happens we will not compromise on a mandatory life sentence for murder, and the murder principles as set out in the Criminal Justice Act 2003 will continue to stand.”
“We will be announcing a way forward for the review of the law on murder shortly”, he added.
