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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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