Two new statutory aggravating factors for murder sentencing announced will mean judges will have to consider tougher jail terms for murders involving strangulation or when the killing is connected to the end of a relationship.
The move will implement two outstanding recommendations from Clare Wade KC’s independent Domestic Homicide Sentencing Review. It is the latest step in the Government’s Plan for Change and is central to its mission to keep our streets safe and halve violence against women and girls.
In recognition of wider concerns about inconsistencies in murder sentencing and homicide law, the government has also asked the Law Commission to conduct a wholesale review of the sentencing framework for murder and the law of homicide.
The review will examine complex issues raised by campaigners, such as how diminished responsibility is considered and whether the sentencing framework adequately reflects the seriousness of murders committed in the home. Lord Chancellor Shabana Mahmood said:
“As part of the Government’s Plan for Change, we are cracking down on violence against women and creating safer streets.
I fully recognise the concerns raised around homicide law and sentencing, but these are incredibly complex issues and previous tinkering is what has led to the current disparities, so it is right that the Law Commission takes a comprehensive look at it.”
Every year around 85 people – overwhelmingly women – are killed by their current or ex-partner, and most of the time these crimes take place in the home.
In the murder cases analysed by Clare Wade KC as part of her independent review, 30 per cent involved strangulation and 40 per cent occurred at the end, or perceived end, of the relationship. In both these scenarios all victims were female and all killers men. Minister for Violence Against Women and Girls, Alex Davies-Jones said:
“The level of violence against women is a national crisis which this Government is determined to tackle, and that includes ensuring the punishment fits the crime for the most abhorrent crimes.
I want to pay tribute to all those who campaigned for change in this area, including the Joanna Simpson Foundation, Killed Women, and the families of the victims of the Nottingham attacks.”
The current murder sentencing framework in England and Wales was introduced in 2003 and has not been fundamentally reviewed since. This has led to piecemeal changes implemented over the subsequent two decades which have created inconsistencies in the sentencing framework.
This includes the 25-year starting point for murders where a knife has been taken to the scene with intent, compared to the 15-year starting point normally applied if a knife already at the scene is used. This has resulted in domestic murders committed in the home with a weapon often receiving a lower sentence than those committed with a weapon in public places.
Homicide laws themselves have not been reviewed since 2006 and the Law Commission’s ongoing review of defences to domestic homicide will now form part of the overall review. Minister for Sentencing, Sir Nic Dakin MP, said:
“As a society, we now have a greater understanding of domestic abuse, so it is timely to conduct a comprehensive review of homicide law and sentencing to ensure it has kept pace.
Campaigners have rightly brought many complex issues to the fore and the experts in the Law Commission will advise Parliament on the best reforms to deal with them.”
