Defences for victims of domestic abuse who kill their abusers
Considering the way that the law operates when a victim of domestic abuse kills their abuser. This project will also cover sentencing when defendants are convicted of murder.
Background (Back to top)
As part of its response to Clare Wade KC’s Domestic Homicide Sentencing Review, the Government asked the Law Commission to review the use of defences in domestic homicide cases.
In 2004 the Law Commission made recommendations for reform of the partial defences to murder including provocation (now loss of control) and diminished responsibility. That project reflected the complex nature of the criminal justice response to homicide offences and defences.
Reform to partial defences to murder were introduced. These were intended to recognise the context in which a victim of domestic abuse kills their abuser. However questions remained about whether the use of defences to murder in this context achieves just outcomes.
The Government has now asked us to conduct a full review of homicide law. This enables us to take a more holistic look at the way that the law operates when a victim of domestic abuse kills their abuser.
Project (Back to top)
We are now continuing our work on defences for victims of abuse who kill their abuser within the umbrella of the homicide project. This project also covers sentencing when defendants are convicted of murder.
We use an open, inclusive and evidence-based process as we:
- consult with the public, criminal justice practitioners, academics, those who work with victims of domestic abuse, those who work with victims’ families, and parliamentarians
- consider evidence of public attitudes
- reflect on evidence of individual cases including the sample of cases considered in the Wade review, relevant case files where available, empirical evidence on the functioning of individual defences, and qualitative evidence from those directly affected
- draw on evidence from research and from the experiences of other jurisdictions in reforming their law
We will consider the use of defences in domestic homicide in light of modern understandings of the effects of domestic abuse on victims. Considerations cover the impact of different victims’ experience in this context, including but not limited to their culture, religion, sexuality, disability, and migrant status. For example, we will consider where relevant, the use of defences in domestic homicide in the context of so-called honour-based abuse.
The terms of reference clarify that we will consider the operation of the applicable rules of evidence, procedure, and ways that the defences are considered from the beginning of the police investigation up to and including at trial. This will include for example, disclosure of abuse during the criminal justice process, the use of expert evidence and judicial directions.
Background paper
Our background paper summarises what we need to understand about victims of domestic abuse who kill their abuser. This is so we can analyse how the law does and how it should apply to them.
It examines the modern understandings of domestic abuse and how they relate to cases where victims of abuse kill their abuser. The paper also outlines the profiles of domestic abuse and domestic homicide, highlighting the lack of data on the use of defences in this context.
Next steps
During this pre-consultation stage we will be undertaking research and engaging with stakeholders to hear their views.
Documents (Back to top)
Background information
Updates (Back to top)
Terms of reference agreed: 27 November 2023
Background paper published: 10 December 2024
Contact (Back to top)
Contact us for more information.
Email domestic.homicide@lawcommission.gov.uk
Related projects (Back to top)
Read about the broader homicide project.