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Two-tier murder charges proposed Two-tier murder charges proposed
(40 minutes later)
A US-style legal system of first-degree and second-degree murder should be set up in England and Wales, according to the government's law reform advisers.A US-style legal system of first-degree and second-degree murder should be set up in England and Wales, according to the government's law reform advisers.
It comes as the Law Commission publishes its final proposals for a major shake-up of homicide laws. The idea, first aired last year, is among final proposals for a shake-up of homicide laws by the Law Commission.
First-degree murder would apply where an offender intended to kill, but would not be confined to premeditated crimes. It also set out plans to rebalance the existing defence of provocation, saying it was currently biased against women.
In contrast, second-degree murder would be used where a defendant had intended to cause serious harm. And the Commission suggested a new defence of "developmental immaturity" for murderers under 18 years old.
Jeremy Horder, who led the project, said current laws could be "unclear, unfair or too generous to killers". If a jury concluded a murderer of that age was mentally abnormal or was young for their age, they could return a verdict of second-degree murder, the proposals said.
The Law Commission has signalled its controversial earlier plans to end automatic life sentences for murderers are still up for review. The report said the idea may prove to be "controversial" but in reality would only apply to a "very small" number of defences.
A move of this nature would change a law dating back to the abolition of the death penalty more than 40 years ago. This is not in any sense paving the way for the end of the mandatory life sentence Prof Jeremy Horder, Law Commission href="/1/hi/uk/4546052.stm" class="">Law causes 'damaging confusion'
The government must now have the courage and determination to do what is right for victims of crime - support and implement these proposals Jan BerryPolice Federation href="/1/hi/uk/4546052.stm" class="">Law causes 'damaging confusion' Law Commissioner Professor Jeremy Horder, who led the project, said current laws could be "unclear, unfair or too generous to killers".
A draft version of the new proposals - published nearly a year ago - says that killers who intended to cause their victims serious harm, but not to kill, should be treated as second-degree murderers. Under the proposed new homicide law, first-degree murder would apply where an offender intended to kill, but would not be confined to premeditated crimes.
This second tier would include killings through "reckless indifference", which are currently prosecuted as manslaughter, plus those where killers claim they were provoked, were suffering diminished responsibility or were under duress. Second-degree murder would be used where a defendant had intended to cause serious injury, and was aware there was a serious risk of causing death.
Such people should no longer face mandatory life sentences. Manslaughter would involve killing someone through gross negligence, or through a criminal act where the defendant intended to cause injury or knew injury was likely.
The Law Commission said it was sticking by its plans for degrees of murder, although it added that the Home Office would begin a consultation process next year on the issue of how each category should be punished. 'Sensible'
Last year, Sir Roger Toulson, the then chairman of the commission, agreed that the plans could lead to fewer killers receiving automatic life sentences. The proposals would end automatic life sentences for all murderers.
Harsh criticism Only first-degree murder would carry a mandatory life sentence, while second-degree murder would be punished with life at the judge's discretion.
Meanwhile, Professor Horder said: "The Law Commission has previously said that the law of murder is in a mess. Prof Horder said the new system would broaden the number of crimes prosecuted as murder.
"Juries have too few choices between verdicts to reflect how blameworthy the offender really was. "This is not in any sense paving the way for the end of the mandatory life sentence," he said.
"This frequently leads to judges having an inadequate basis on which to sentence offenders." The Home Office will launch a consultation on sentences for murder next year.
He added that victims' families had objected to the "excessive breadth of the different kinds of manslaughter, as compared with the single offence of murder", before suggesting a two-tier murder system could help to redress injustices. The Law Commission has previously said that the law of murder is a "mess".
Last year's paper suggested second-degree murder should carry a discretionary life sentence rather than an automatic one. But its draft proposals were criticised by victims' groups on the grounds they opened the door to an end to mandatory life sentences for murderers.
However, the draft proposals were harshly criticised by victims' groups on the grounds that they open the door to an end to mandatory life sentences for murderers.
'Courage and determination'
Police Federation chair Jan Berry said the Law Commission was to be "applauded" for providing a "sensible and credible way to improve the sentencing options available for juries dealing with homicide trials".Police Federation chair Jan Berry said the Law Commission was to be "applauded" for providing a "sensible and credible way to improve the sentencing options available for juries dealing with homicide trials".
She said: "These proposals will also put homicide on a statutory footing and ensure consistency of interpretation and application of sentencing in the courts.
"The government must now have the courage and determination to do what is right for victims of crime - support and implement these proposals, which will deliver fairer and consistent sentences and improve our criminal justice system."
The Law Commission's document is the first stage in the most radical review of murder laws in England and Wales for 50 years.The Law Commission's document is the first stage in the most radical review of murder laws in England and Wales for 50 years.
However, an actual change in the law could take a number of years to arrive.