Murder law review begins
The terms of reference for the first comprehensive review of the murder law for more than 50 years have been announced by the Home Office.
Working closely with the Law Commission, the review will examine the framework of offences of murder and manslaughter and how crimes fall into either category.
First announced by former home secretary David Blunkett last autumn, the review is intended to respond to public concerns about how different crimes are dealt with.
In particular, it will look at the use of partial defences in murder cases, where offenders use the excuse of provocation, such as sexual jealousy, to reduce their plea from murder to manslaughter.
“The review aims to respond to public concerns about the [legal] difference between, for example, serial killings and mercy killings, and therefore improve confidence in the system,” a Home Office spokeswoman told politics.co.uk.
Home secretary Charles Clarke has insisted, however, that there would be no change in the mandatory life sentence for murder outlined in the Criminal Justice Act 2003.
Lord Chief Justice Lord Woolf is among a number of judges urging the government to scrap mandatory sentences to allow them to decide punishments on the basis of each individual crime.
Explaining the terms of the review, Home Office minister Fiona Mctaggart said: “Murder is the most serious crime and it is essential that the law reflects this.
“The review will look at the overall framework of murder to ensure that the government provides coherent and clear offences which protect the public and enable those convicted to be appropriately punished.”
She added: “It is vital that the law on murder makes sense and people clearly understand it. The law needs to be clear, wide-ranging and fair so that people have confidence in the criminal justice system.”
The review, which is likely to take between 18 months and two years, will also look into calls for an American-style system of degrees of homicide to replace the current system.
Director of public prosecutions Ken Macdonald said earlier this year that he was in favour of such a sliding scale to replace the two offences of murder and manslaughter.
The Law Commission will perform the initial legal analysis before a review team examines their proposals with a view to creating new legislation.
