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| Version 1 | Version 2 |
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| Murder sentence changes supported by top prosecutor | 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 a reporter for 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. |
| Sir Ken said: "It is not just a question of people who are not guilty being convicted, there is a risk that people who are guilty will be acquitted of murder. | |
| "My sense is that a lot of juries who instinctively kick against the idea that someone should be convicted of murder with a mandatory life sentence, if they intend less than killing. | |
| "It should be fair, it should be firm and it should be explicable. I don't think that we are presently achieving those qualities in our homicide law." | |
| He continued: "Many of us think that that's an aspect of the law which needs reforming, that we should have degrees of murder, rather in the way they do in the US. | |
| "First degree would be killing with the intention to kill, second degree would be killing with intention to do grevious bodily harm. | |
| "I think if you had those sorts of categories, it would be much easier to look at a joint enterprise case and describe particular roles and particular degrees of culpability to individual defendants, rather than sweeping up perhaps large numbers of people who in some cases might have been fairly peripheral to the enterprise," he said. | |
| Previous recommendations | |
| 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. |
| 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. | 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". | 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". |