July 21, 2005: Murder Law Review

Home Office Minister Fiona Mactaggart has laid down the terms of reference for the first comprehensive review of murder law in over 50 years. The review was originally announced by former Home Secretary David Blunkett in October 2004.

The Review will last between 18 months and 2 years, and will be led by the Home Office, independent of ministers, working closely with the Law Commission. It will look at the framework of offences across murder and manslaughter and will focus on various elements of murder including the partial defences and the issue of provocation.

The Government has made clear its concern over the current position on provocation, particularly where the alleged provocation is due to sexual jealously and infidelity. In such cases, raising the partial defence can often mean the victim is blamed and the defendant is able to plead manslaughter not murder.

The Review will take place in two stages. Firstly, the Law Commission will conduct an analysis of the laws relating to murder, taking into account their earlier findings on partial defences. The Law Commission's conclusions will then be studied by the Review Team who will consider the wider public policy issues to provide a substantial and comprehensive view for future legislation. There will be a full public consultation as part of the Review.

The Commission will issue a consultation paper by the end of 2005. They aim to provide the Home Office with their provisional recommendations in early Summer 2006 and will publish a final report in Autumn 2006. They plan to consult with, among others, the public, criminal justice system practitioners, academics and those who work with victims' families. The Law Commission has stated that they encourage any individual or organisation to send their views to the Commission before they publish their consultation paper.

Fiona Mactaggart said:

“Murder is the most serious crime and it is essential that the law reflects this. Whilst the Government remains committed to retaining the mandatory life sentences and the murder principles set out in the Criminal Justice Act 2003, 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.

“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. We want to have an open and inclusive debate on the issues before we make firm recommendations on how the law should be reformed.

"The Government welcomes the Law Commission's role in using their legal expertise to provide a legal analysis. This will build on the research and analysis contained in their previous work on partial defences but look at things afresh in the context of the more wide ranging review, and it will inform and complement the work of the Review Team to provide a substantial and comprehensive review of the law of murder".

The Law Commission recommended a review of murder in their report 'Partial Defences to Murder', August 2004, No290. The review described the current law on murder as a "mess".Law Commission Chairman Sir Roger Toulson said:

"We are pleased to have been given the opportunity to carry out this review. There have been calls for this area of the law to be properly reconsidered for the past thirty years, and the decision by the Home Office to invite the Law Commission to undertake a review of the law is very welcome... Ministers recognise that there is considerable public concern about the apparent disparity in the treatment of offenders convicted of murder and those convicted of manslaughter."