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| Version 1 | Version 2 |
|---|---|
| Tidying up the murder law 'mess' | Tidying up the murder law 'mess' |
| (about 1 hour later) | |
| Analysis By Danny Shaw Home affairs correspondent, BBC News | Analysis By Danny Shaw Home affairs correspondent, BBC News |
| Some of the laws on murder have been in place since the 17th Century | Some of the laws on murder have been in place since the 17th Century |
| Four years ago, the Law Commission, which advises the government on legal reforms, reported its conclusions on the law on homicide in England and Wales. | |
| "It's a mess," the commission said. | "It's a mess," the commission said. |
| Its findings were based on discussions with people involved in the criminal justice system, that had demonstrated the "breadth and depth of discontent" with the current arrangements. | Its findings were based on discussions with people involved in the criminal justice system, that had demonstrated the "breadth and depth of discontent" with the current arrangements. |
| A year later, another Law Commission review said the homicide law was a "rickety structure set upon shaky foundations". | A year later, another Law Commission review said the homicide law was a "rickety structure set upon shaky foundations". |
| Some of the rules had been in place since the 17th Century, the commission said, other rules were uncertain or constantly changing, creating a situation where the law could not be stated with "clarity or certainty". | Some of the rules had been in place since the 17th Century, the commission said, other rules were uncertain or constantly changing, creating a situation where the law could not be stated with "clarity or certainty". |
| It recommended a new Homicide Act, to replace the 1957 version, which would bring together all the relevant case law. | It recommended a new Homicide Act, to replace the 1957 version, which would bring together all the relevant case law. |
| In a further review, published in 2006, the commission suggested a three-tier system for homicide cases, depending on their seriousness. | In a further review, published in 2006, the commission suggested a three-tier system for homicide cases, depending on their seriousness. |
| These were first-degree murder, carrying a mandatory life sentence; second-degree murder, with a life term at the discretion of the judge plus sentence guidelines; and manslaughter, also with a maximum penalty of life. | These were first-degree murder, carrying a mandatory life sentence; second-degree murder, with a life term at the discretion of the judge plus sentence guidelines; and manslaughter, also with a maximum penalty of life. |
| Wholesale review | Wholesale review |
| So what had prompted the Law Commission to look into the troubled question of murder legislation and come up with such a radical blueprint for reform? | So what had prompted the Law Commission to look into the troubled question of murder legislation and come up with such a radical blueprint for reform? |
| The answer may have some relevance for those considering whether or not the latest government proposals will work. | The answer may have some relevance for those considering whether or not the latest government proposals will work. |
| What had prompted the commission's extensive review was turning the spotlight on the partial legal defence of "provocation" - just the issue the government is now tackling. | What had prompted the commission's extensive review was turning the spotlight on the partial legal defence of "provocation" - just the issue the government is now tackling. |
| The commission said, in 2004, that changes to the "provocation" rules were unlikely to work without fundamental reform to the murder laws. | The commission said, in 2004, that changes to the "provocation" rules were unlikely to work without fundamental reform to the murder laws. |
| And so it ploughed on with a wholesale review of homicide legislation. | And so it ploughed on with a wholesale review of homicide legislation. |
| Danger remains | Danger remains |
| The government, on the other hand, after reading the Law Commission's reports carefully, has decided to do it differently. | The government, on the other hand, after reading the Law Commission's reports carefully, has decided to do it differently. |
| No grand shake-up, no bonfire of legislation, no radical restructuring. | No grand shake-up, no bonfire of legislation, no radical restructuring. |
| Instead, it's taking the murder reforms step by complex step, with new rules on provocation and some technical, and relatively uncontroversial, adjustments to the law on diminished responsibility, complicity and infanticide. | Instead, it's taking the murder reforms step by complex step, with new rules on provocation and some technical, and relatively uncontroversial, adjustments to the law on diminished responsibility, complicity and infanticide. |
| The thinking behind it is that ministers will have more support for these measures, than they would for a shake-up involving a graded system of murders, which could see an end to the mandatory life sentence in some cases. | The thinking behind it is that ministers will have more support for these measures, than they would for a shake-up involving a graded system of murders, which could see an end to the mandatory life sentence in some cases. |
| That may prove to be true. But the danger that the Law Commission and other experts have identified remains. | That may prove to be true. But the danger that the Law Commission and other experts have identified remains. |
| That is that the offence of "murder", under current law, encompasses such a wide variety of scenarios, from mercy killings to serial murders, from crimes of passion to contract killings, that it is a recipe for confusion and injustice in the courts. | That is that the offence of "murder", under current law, encompasses such a wide variety of scenarios, from mercy killings to serial murders, from crimes of passion to contract killings, that it is a recipe for confusion and injustice in the courts. |