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Two-tier murder charges proposed Two-tier murder charges proposed
(about 3 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.
The idea, first aired last year, is among final proposals for a shake-up of homicide laws by the Law Commission. The idea is among final proposals for a shake-up of laws against killing by the Law Commission.
It also set out plans to rebalance the existing defence of provocation, saying it was currently biased against women. It also set out plans to rebalance the existing defence of provocation, saying it is currently biased against women.
And the Commission suggested a new defence of "developmental immaturity" for murderers under 18 years old. And the commission suggested a new defence of "developmental immaturity" for murderers under 18 years old.
If a jury concluded a murderer of that age was mentally abnormal or was young for their age, they could return a verdict of second-degree murder, the proposals said. If a jury concluded a murderer of that age was mentally abnormal or young for their age, they could return a verdict of second-degree murder, the proposals said.
The report said the idea may prove to be "controversial" but in reality would only apply to a "very small" number of defences.
This is not in any sense paving the way for the end of the mandatory life sentence Prof Jeremy Horder, Law Commission Law causes 'damaging confusion'This is not in any sense paving the way for the end of the mandatory life sentence Prof Jeremy Horder, Law Commission Law causes 'damaging confusion'
The report said the idea may prove to be "controversial" but in reality would only apply to a "very small" number of defences.
Law Commissioner Professor Jeremy Horder, who led the project, said current laws could be "unclear, unfair or too generous to killers".Law Commissioner Professor Jeremy Horder, who led the project, said current laws could be "unclear, unfair or too generous to killers".
Other proposals included:
  • An attempt to change the law on gang violence, which would allow someone present at a killing, who realised the crime might be committed by the perpetrator, to be convicted of murder
  • A recommendation for a public consultation on whether the law should recognise an offence of "mercy killing" or a partial defence of mercy killing
  • The creation of a "Tony Martin" [the Norfolk farmer prosecuted for shooting at two burglars who broke into his farmhouse] defence, where someone could say they were acting under duress if they could prove that they killed someone under the threat of death or serious physical harm
    • Under the proposed new homicide law, first-degree murder would apply where an offender intended to kill, but would not be confined to premeditated crimes.Under the proposed new homicide law, first-degree murder would apply where an offender intended to kill, but would not be confined to premeditated crimes.
    Second-degree murder would be used where a defendant had intended to cause serious injury, and was aware there was a serious risk of causing death. Second-degree murder would be used where a defendant had intended to cause serious injury, or was aware there was a serious risk of causing death.
    Manslaughter would involve killing someone through gross negligence, or through a criminal act where the defendant intended to cause injury or knew injury was likely. A revised definition of manslaughter would involve killing someone through gross negligence, or through a criminal act where the defendant intended to cause injury or knew injury was likely.
    'Sensible''Sensible'
    The proposals would end automatic life sentences for all murderers. The proposals would end automatic life sentences for murderers.
    Only first-degree murder would carry a mandatory life sentence, while second-degree murder would be punished with life at the judge's discretion.Only first-degree murder would carry a mandatory life sentence, while second-degree murder would be punished with life at the judge's discretion.
    Prof Horder said the new system would broaden the number of crimes prosecuted as murder. Prof Horder said the new system would broaden the number of crimes prosecuted as murder. For example, some cases currently tried as manslaughter would be categorised as second-degree-murder.
    "This is not in any sense paving the way for the end of the mandatory life sentence," he said."This is not in any sense paving the way for the end of the mandatory life sentence," he said.
    The Home Office will launch a consultation on sentences for murder next year.The Home Office will launch a consultation on sentences for murder next year.
    The Law Commission has previously said that the law of murder is a "mess". The Law Commission's draft proposals were criticised by victims' groups on the grounds they opened the door to an end to mandatory life sentences for murderers.
    But its draft proposals were criticised by victims' groups on the grounds they opened the door to an end to mandatory life sentences for murderers. Police Federation chair Jan Berry said the report provided a "sensible and credible way to improve the sentencing options available for juries dealing with homicide trials".
    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".
    The Law Commission's document is the first stage in the most radical review of murder laws in England and Wales for 50 years.