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Murder sentence changes supported by top prosecutor | |
(40 minutes later) | |
Calls for different degrees of murder charges have received the backing of the director of public prosecutions. | Calls for different degrees of murder charges have received the backing of the director of public prosecutions. |
Keir Starmer told the BBC he supports calls for the introduction of first-degree and second-degree murder charges in England and Wales, along similar lines to the US system. | Keir Starmer told the BBC he supports calls for the introduction of first-degree and second-degree murder charges in England and Wales, along similar lines to the US system. |
Critics of the current mandatory life sentence say it can be hard for juries to ascribe degrees of culpability. | Critics of the current mandatory life sentence say it can be hard for juries to ascribe degrees of culpability. |
The government says it is considering recommendations. | The government says it is considering recommendations. |
A change, which would be similar to the approach in the US, could mean that England and Wales would have a system in which first-degree murder with intent to kill carried a life sentence. | A change, which would be similar to the approach in the US, could mean that England and Wales would have a system in which first-degree murder with intent to kill carried a life sentence. |
Second-degree murder, with intent to cause grievous bodily harm, would carry a discretionary life sentence, as would manslaughter. | Second-degree murder, with intent to cause grievous bodily harm, would carry a discretionary life sentence, as would manslaughter. |
Mr Starmer, who expressed his views in an interview with BBC Radio 4's Today programme, is the second successive holder of the post to support calls for such changes. | Mr Starmer, who expressed his views in an interview with BBC Radio 4's Today programme, is the second successive holder of the post to support calls for such changes. |
His predecessor, Sir Ken McDonald, says it would be particularly helpful in cases involving what is known as joint enterprise, often used to deal with gang-related murder. | His predecessor, Sir Ken McDonald, says it would be particularly helpful in cases involving what is known as joint enterprise, often used to deal with gang-related murder. |
Next year sees what could be the largest joint enterprise case yet, involving 20 defendants charged with murder. | Next year sees what could be the largest joint enterprise case yet, involving 20 defendants charged with murder. |
In 2004, the Law Commission, which advises the government on legal reforms, made wide-ranging recommendations for changes to legislation. | In 2004, the Law Commission, which advises the government on legal reforms, made wide-ranging recommendations for changes to legislation. |
Its findings were based on discussions with people involved in the criminal justice system. | Its findings were based on discussions with people involved in the criminal justice system. |
Previous recommendations | Previous recommendations |
And, a year later, another Law Commission review said the homicide law was a "rickety structure set upon shaky foundations". | And, 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, and 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, and 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. |
However, the Labour government decided not pursue a complete overhaul of the system. | However, the Labour government decided not pursue a complete overhaul of the system. |
Instead, it introduced new rules on provocation and some technical adjustments to the law on diminished responsibility, complicity and infanticide. | Instead, it introduced new rules on provocation and some technical adjustments to the law on diminished responsibility, complicity and infanticide. |
Meanwhile, the Metropolitan Police has launched its first Facebook campaign, warning young people that they can be charged with joint enterprise if they get caught up in knife crime. | |
The video of a staged stabbing, entitled "Who Killed Deon", aims to deliver the message that "you do not have to wield the weapon to be convicted of the murder". |