December 20

December 20, 2005: Bringing the Law on Murder into the 21st Century

The Law Commission has published provisional proposals on the reform of the law on murder. According to the Commission, the current law on murder is a "mess", and the proposals provide an initial step in resolving many of the problems associated with it. The present consultation follows a report in August 2004 on Partial Defences to Murder which recommended that a full review on the law of murder take place. The consultation builds on recommendations made in that earlier report. Dr Jeremy Horder, the Commissioner leading the project, said:

"The law is not what the public thinks it is. It is confusing and unfair, and the judiciary have to adapt it to meet the needs of the 21st Century on a case-by-case basis. In undertaking this review we have not ruled anything out. We have recognised the need to re-structure the nature of murder offences, and our provisional proposals offer a ladder of offences, reflecting different degrees of culpability. I hope that people from all walks of life will take the time to read our proposals, and respond to the questions in the consultation paper."

The Commission is consulting on the structure of homicide offences, and the introduction of different degrees of culpability. They provisionally propose that there should be three tiers of homicide:

In the top tier would be cases where there is an intention to kill. This is the worst category and would retain the mandatory life sentence.
In the second tier would be cases of killing through reckless indifference to causing death and intention to do serious harm but not to kill. This tier would also include revised versions of provocation, diminished responsibility and duress. The sentence would depend on the details of the case.
In the third tier (manslaughter) would be cases of killing by gross negligence or intention to cause harm but not serious harm.

The Law Commission, which is a non-political independent body set up by Parliament in 1965 to keep the law of England and Wales under review, hopes that a broad range of people will read the Consultation Paper, and respond to their proposals. The consultation period will close on 13 April 2006. Final recommendations will be published in August 2006, and these will feed into a wider Government consultation on the public policy issues.

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