Law Commission to review law and sentencing in homicide

woman crying

The Law Commission has agreed to take on a project reviewing the law on homicide and the sentencing framework for murder. The review follows a request from the Lord Chancellor and recognises the vital importance of making sure that the gravest offences recognised by the criminal law in England and Wales work effectively in the 21st century.

The Commission last considered homicide law almost 20 years ago. Changes in the law and society have made a new review particularly timely. For example, the review will examine the law on joint enterprise in light of the Supreme Court’s decision in R v Jogee and consider how diminished responsibility should be reflected in any new classification of homicide offences.

The Commission will also consider the sentencing framework for murder. Recently, there have been concerns that sentences for domestic murder have not adequately reflected prior abuse between the victim of the homicide and the perpetrator in the minimum terms set. These minimum terms are defined in legislation, which is within the remit of Parliament rather than the Sentencing Council, which sets the guidelines for all other offences.

The Commission has already started work on a project reviewing defences to homicide for victims of abuse who kill their abuser. This project will continue under the umbrella of the broader homicide review.

Professor Penney Lewis, Commissioner for Criminal Law, said,

“I am pleased that the Lord Chancellor has asked us to conduct this review and revisit homicide law. The public are rightly concerned that homicides are correctly categorised, for example as murder or manslaughter, and sentenced appropriately. We will review homicide offences and defences, and sentencing for murder, to ensure that the homicide regime operates fairly and justly.”

The Commission aims to start the project in the new year, with a consultation paper to follow in due course.

Further details are available on the project page.