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| Changes in murder laws proposed | Changes in murder laws proposed |
| (about 2 hours later) | |
| Proposed reforms of the law on homicide in England, Wales and Northern Ireland could change the way a murder charge is reduced to manslaughter. | Proposed reforms of the law on homicide in England, Wales and Northern Ireland could change the way a murder charge is reduced to manslaughter. |
| Defendants who successfully claim they were "seriously wronged" by the victim could now be convicted of manslaughter. | Defendants who successfully claim they were "seriously wronged" by the victim could now be convicted of manslaughter. |
| Under the plan, long-term domestic abuse victims can also use a partial defence of "fear of serious violence". | Under the plan, long-term domestic abuse victims can also use a partial defence of "fear of serious violence". |
| Attorney General Baroness Scotland said the proposed changes would bring murder laws "right up to date". | Attorney General Baroness Scotland said the proposed changes would bring murder laws "right up to date". |
| The plans face public consultation before new legislation is introduced. | The plans face public consultation before new legislation is introduced. |
| They follow a 2006 report from the Law Commission which made wide-ranging recommendations for changes to legislation. | They follow a 2006 report from the Law Commission which made wide-ranging recommendations for changes to legislation. |
| Harman on murder law overhaul in England and Wales | Harman on murder law overhaul in England and Wales |
| The proposals suggest the current defence of provocation should be scrapped. | The proposals suggest the current defence of provocation should be scrapped. |
| However, the new defence in its place - that "words and conduct" left the killer "seriously wronged" - should only be available in exceptional cases, the report says. | However, the new defence in its place - that "words and conduct" left the killer "seriously wronged" - should only be available in exceptional cases, the report says. |
| The Ministry of Justice has stressed that the law would be changed to make it clear that someone who discovers their partner is having an affair would be unable to argue they had been "seriously wronged". | The Ministry of Justice has stressed that the law would be changed to make it clear that someone who discovers their partner is having an affair would be unable to argue they had been "seriously wronged". |
| One of the changes due is to the so-called "provocation defence". | One of the changes due is to the so-called "provocation defence". |
| This allows men who kill their wife or partner in a fit of jealousy to plead provocation but does not currently apply to women who murder someone who has been abusing them for many years. | This allows men who kill their wife or partner in a fit of jealousy to plead provocation but does not currently apply to women who murder someone who has been abusing them for many years. |
| But barrister Geoffrey Robertson, QC, told the BBC that the changes did not address all his concerns: | But barrister Geoffrey Robertson, QC, told the BBC that the changes did not address all his concerns: |
| "Quite a few of these reforms are moderate and sensible, but the real problem with the law of murder is that it doesn't distinguish - it has a mandatory life sentence. | "Quite a few of these reforms are moderate and sensible, but the real problem with the law of murder is that it doesn't distinguish - it has a mandatory life sentence. |
| "Any mandatory sentence is unjust because it doesn't distinguish between the terrorist and the gangland executioner and the mercy killer at the other end of the scale, who maybe doesn't deserve to go to prison at all, but has to be sentenced to life imprisonment, and the domestic killings." | "Any mandatory sentence is unjust because it doesn't distinguish between the terrorist and the gangland executioner and the mercy killer at the other end of the scale, who maybe doesn't deserve to go to prison at all, but has to be sentenced to life imprisonment, and the domestic killings." |
| With these changes, the law will be clearer Maria EagleJustice Minister href="/1/hi/uk/7530582.stm">Cases that tested murder laws class="" href="/1/hi/uk/7530186.stm">Tidying up the murder law 'mess' | |
| This change would mean that men and women facing domestic violence would be able to argue they were forced to kill their tormentor. | This change would mean that men and women facing domestic violence would be able to argue they were forced to kill their tormentor. |
| Solicitor Harriet Wistrich, founder of Justice for Women, said: "This is not about pre-emptive strikes. This is about recognising very, very rare but very extreme situations where a woman becomes totally trapped in [a] relationship. | Solicitor Harriet Wistrich, founder of Justice for Women, said: "This is not about pre-emptive strikes. This is about recognising very, very rare but very extreme situations where a woman becomes totally trapped in [a] relationship. |
| "Now it's true that there has been some improvement in the availability of ways out for women in domestic violence relationships but unfortunately there are great limits." | "Now it's true that there has been some improvement in the availability of ways out for women in domestic violence relationships but unfortunately there are great limits." |
| Government documents say current laws have made it too easy for men to kill their wives and claim they were provoked by the victim's infidelity. | Government documents say current laws have made it too easy for men to kill their wives and claim they were provoked by the victim's infidelity. |
| Legislation has restricted the use of partial defences by women with abusive partners. | Legislation has restricted the use of partial defences by women with abusive partners. |
| Justice Minister Maria Eagle said recent cases had seen judges and juries "trying to stretch the current law". | Justice Minister Maria Eagle said recent cases had seen judges and juries "trying to stretch the current law". |
| "With these changes, the law will be clearer," she said. | "With these changes, the law will be clearer," she said. |
| The minister said the proposed partial defence of long-term abuse marked a "substantial change", although she stressed that the government "would not want to introduce anything that would allow cold, calculating killers to get away with it". | The minister said the proposed partial defence of long-term abuse marked a "substantial change", although she stressed that the government "would not want to introduce anything that would allow cold, calculating killers to get away with it". |
| Under the proposals, the partial defence of diminished responsibility would be abolished and replaced with a new defence based on "recognised medical conditions". | Under the proposals, the partial defence of diminished responsibility would be abolished and replaced with a new defence based on "recognised medical conditions". |
| The Scottish government said it has no plans to make changes to this area of criminal law but the Scottish Law commission is looking at the defences of provocation, self-defence and coercion. | The Scottish government said it has no plans to make changes to this area of criminal law but the Scottish Law commission is looking at the defences of provocation, self-defence and coercion. |