May 24

May 24, 2005: DPP Advocates Murder Law Reform

Director of Public Prosecutions (DPP) Ken Macdonald has advocated reform of current murder laws. The DPP is responsible for ensuring the independent review and prosecution of criminal proceedings started by the police in England and Wales. He believes that some murderers have been able to escape justice due to the rigidity of the system as it currently stands. He told the Times newspaper that the single offence of murder should be replaced by what would effectively be an American-style system, which would consider the seriousness of the murder.

In America, prosecutors typically choose between first and second degree murder. In practice, this would mean that only the most serious murders would result in a life sentence. As in America, those convicted of lesser degree murders may be sentenced to shorter jail terms. Such a change would end the classic English prosecution choice of either a charge of murder, (with a mandatory life imprisonment sentence), or manslaughter.

In an interview with the Times, the DPP stated that he was “strongly in favour of a system that recognises degrees of homicide… not just murder or manslaughter, but three or four degrees”. He considered that the majority of murderers would nevertheless still receive mandatory life imprisonment. “If we are talking about a serious homicide, killing with an intention to kill, that should attract a mandatory life sentence.”

Should such a change take place, the judiciary would enjoy the discretion to ensure that sentences are more exactly linked to the circumstances of each individual murder. Many judges may support the DPP’s view, though government may be anxious at any possible public perception that it is soft on crime, particularly serious or violent crime.

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