Law and Rights
Back in January 2010, Law and Lawyers had a brief look at the law of murder "Murder: a whole spectrum of conduct". In 2004, the Law Commission described the law as a "mess" and, in 2006, published their report - Law Com 304 Murder, Manslaughter and Infanticide. The Commission recommended fundamental reform and proposed a new Act of Parliament to create a 3 tier structure for general homicide offences. The government (as is often the case) cherry-picked the report and implemented reforms to the law relating to "partial defences" to murder - see Coroners and Justice Act 2009 Part 2 Chapter 1.
It now seems that the new government is attracted to the idea of reforming the law of homicide along the somewhat complex lines suggested by the Law Commission: First degree murder; Second Degree Murder and Manslaughter. See Telegraph 13th July.
It is worth noting that the Law Commission's report was in 2006 and there is therefore a case for reform even if not exactly on the lines suggested by the Commission. We know from Kenneth Clarke's speech (looked at here) that the government wishes to reduce the prison population. The removal of the mandatory life sentence for some murders - (i.e. those classed as 2nd Degree) - will assist with that aim. It is perhaps unfortunate that the aim of reducing the numbers in prison is likely to be seen as the main "driver" behind government's conversion to reforms suggested some time ago.
- The Last Executions - 13th August 1964.
50 years ago today the last executions took place in England. Gwynne Evans (then aged 24) and Peter Allen (21) suffered the ultimate punishment then available to the law - see Manchester Evening News 12th August. Evans and Allen were convicted...
- Murder, Terrorism - Two Important Cases
Lord Justice HughesLaw of diminished responsibility: The law of murder has been recently reformed by the Coroners and Justice Act 2009 Part 2 Chapter 1. The new provisions gave rise to the Court of Appeal judgment in R v Clinton, Parker and Evans...
- R V Frances Inglis: Considerations Far Removed From Ordinary Murder
The case of Frances Inglis is one which contains, in the words of the Lord Chief Justice, "powerful considerations far removed from the ordinary case of murder." In January 2010, Frances Inglis was convicted at the Old Bailey of the murder (in 2008) of...
- The Law Of Murder - Changes To The Partial Defences
As discussed here, changes to the law relating to the partial defences to murder come into force on Monday 4th October. A slide (powerpoint) presentation - prepared by Crimeline (Solicitor Andrew Keogh) - may be viewed here. Changes to the law...
- The Law Of Murder: Implementation Of Further Reform
For acts or omissions on or after 4th October 2010, there will be changes to the law of murder: see Coroners and Justice Act 2009 Part 2 Chapter 1. The reforms relate to the partial defences to murder of diminished responsibility and provocation. ...
Law and Rights
Government now attracted to reforming the law of murder ... wonder why?
It now seems that the new government is attracted to the idea of reforming the law of homicide along the somewhat complex lines suggested by the Law Commission: First degree murder; Second Degree Murder and Manslaughter. See Telegraph 13th July.
It is worth noting that the Law Commission's report was in 2006 and there is therefore a case for reform even if not exactly on the lines suggested by the Commission. We know from Kenneth Clarke's speech (looked at here) that the government wishes to reduce the prison population. The removal of the mandatory life sentence for some murders - (i.e. those classed as 2nd Degree) - will assist with that aim. It is perhaps unfortunate that the aim of reducing the numbers in prison is likely to be seen as the main "driver" behind government's conversion to reforms suggested some time ago.
- The Last Executions - 13th August 1964.
50 years ago today the last executions took place in England. Gwynne Evans (then aged 24) and Peter Allen (21) suffered the ultimate punishment then available to the law - see Manchester Evening News 12th August. Evans and Allen were convicted...
- Murder, Terrorism - Two Important Cases
Lord Justice HughesLaw of diminished responsibility: The law of murder has been recently reformed by the Coroners and Justice Act 2009 Part 2 Chapter 1. The new provisions gave rise to the Court of Appeal judgment in R v Clinton, Parker and Evans...
- R V Frances Inglis: Considerations Far Removed From Ordinary Murder
The case of Frances Inglis is one which contains, in the words of the Lord Chief Justice, "powerful considerations far removed from the ordinary case of murder." In January 2010, Frances Inglis was convicted at the Old Bailey of the murder (in 2008) of...
- The Law Of Murder - Changes To The Partial Defences
As discussed here, changes to the law relating to the partial defences to murder come into force on Monday 4th October. A slide (powerpoint) presentation - prepared by Crimeline (Solicitor Andrew Keogh) - may be viewed here. Changes to the law...
- The Law Of Murder: Implementation Of Further Reform
For acts or omissions on or after 4th October 2010, there will be changes to the law of murder: see Coroners and Justice Act 2009 Part 2 Chapter 1. The reforms relate to the partial defences to murder of diminished responsibility and provocation. ...