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| Two-tier murder charges proposed | Two-tier murder charges proposed |
| (about 4 hours later) | |
| A US-style legal system of first-degree and second-degree murder should be set up in England and Wales, according to the government's law reform advisers. | A US-style legal system of first-degree and second-degree murder should be set up in England and Wales, according to the government's law reform advisers. |
| It comes as the Law Commission publishes its final proposals for a major shake-up of homicide laws. | It comes as the Law Commission publishes its final proposals for a major shake-up of homicide laws. |
| First-degree murder would apply where an offender intended to kill, but would not be confined to premeditated crimes. | |
| In contrast, second-degree murder would be used where a defendant had intended to cause serious harm. | |
| Jeremy Horder, who led the project, said current laws could be "unclear, unfair or too generous to killers". | Jeremy Horder, who led the project, said current laws could be "unclear, unfair or too generous to killers". |
| The Law Commission has signalled its controversial earlier plans to end automatic life sentences for murderers are still up for review. | |
| A move of this nature would change a law dating back to the abolition of the death penalty more than 40 years ago. | A move of this nature would change a law dating back to the abolition of the death penalty more than 40 years ago. |
| The government must now have the courage and determination to do what is right for victims of crime - support and implement these proposals Jan BerryPolice Federation Law causes 'damaging confusion' | The government must now have the courage and determination to do what is right for victims of crime - support and implement these proposals Jan BerryPolice Federation Law causes 'damaging confusion' |
| A draft version of the new proposals - published nearly a year ago - says that killers who intended to cause their victims serious harm, but not to kill, should be treated as second-degree murderers. | |
| This second tier would include killings through "reckless indifference", which are currently prosecuted as manslaughter, plus those where killers claim they were provoked, were suffering diminished responsibility or were under duress. | This second tier would include killings through "reckless indifference", which are currently prosecuted as manslaughter, plus those where killers claim they were provoked, were suffering diminished responsibility or were under duress. |
| Such people should no longer face mandatory life sentences. | Such people should no longer face mandatory life sentences. |
| The Law Commission said it was sticking by its plans for degrees of murder, although it added that the Home Office would begin a consultation process next year on the issue of how each category should be punished. | The Law Commission said it was sticking by its plans for degrees of murder, although it added that the Home Office would begin a consultation process next year on the issue of how each category should be punished. |
| Last year, Sir Roger Toulson, the then chairman of the commission, agreed that the plans could lead to fewer killers receiving automatic life sentences. | Last year, Sir Roger Toulson, the then chairman of the commission, agreed that the plans could lead to fewer killers receiving automatic life sentences. |
| Harsh criticism | Harsh criticism |
| Meanwhile, Professor Horder said: "The Law Commission has previously said that the law of murder is in a mess. | Meanwhile, Professor Horder said: "The Law Commission has previously said that the law of murder is in a mess. |
| "Juries have too few choices between verdicts to reflect how blameworthy the offender really was. | "Juries have too few choices between verdicts to reflect how blameworthy the offender really was. |
| "This frequently leads to judges having an inadequate basis on which to sentence offenders." | "This frequently leads to judges having an inadequate basis on which to sentence offenders." |
| He added that victims' families had objected to the "excessive breadth of the different kinds of manslaughter, as compared with the single offence of murder", before suggesting a two-tier murder system could help to redress injustices. | He added that victims' families had objected to the "excessive breadth of the different kinds of manslaughter, as compared with the single offence of murder", before suggesting a two-tier murder system could help to redress injustices. |
| Last year's paper suggested second-degree murder should carry a discretionary life sentence rather than an automatic one. | Last year's paper suggested second-degree murder should carry a discretionary life sentence rather than an automatic one. |
| However, the draft proposals were harshly criticised by victims' groups on the grounds that they open the door to an end to mandatory life sentences for murderers. | However, the draft proposals were harshly criticised by victims' groups on the grounds that they open the door to an end to mandatory life sentences for murderers. |
| 'Courage and determination' | 'Courage and determination' |
| Police Federation chair Jan Berry said the Law Commission was to be "applauded" for providing a "sensible and credible way to improve the sentencing options available for juries dealing with homicide trials". | |
| She said: "These proposals will also put homicide on a statutory footing and ensure consistency of interpretation and application of sentencing in the courts. | |
| "The government must now have the courage and determination to do what is right for victims of crime - support and implement these proposals, which will deliver fairer and consistent sentences and improve our criminal justice system." | "The government must now have the courage and determination to do what is right for victims of crime - support and implement these proposals, which will deliver fairer and consistent sentences and improve our criminal justice system." |
| The Law Commission's document is the first stage in the most radical review of murder laws in England and Wales for 50 years. | The Law Commission's document is the first stage in the most radical review of murder laws in England and Wales for 50 years. |
| However, an actual change in the law could take a number of years to arrive. | However, an actual change in the law could take a number of years to arrive. |