A New Homicide Act for England and Wales?: A Consultation Paper

Front Cover
The Stationery Office, Apr 4, 2006 - Law - 336 pages
This consultation paper reviews the law relating to homicide in England and Wales, and sets out a number of provisional proposals in order to establish a more rational and coherent framework of legislation. Issues discussed include: the existing law and problems with it; the definition of murder and manslaughter; partial defences including provocation, diminished responsibility and duress; the fault element in murder and the concept of intention; and the doctrine of double-effect. The paper proposes the creation of a new Homicide Act (to replace the Homicide Act 1957) to establish clear definitions of murder and the partial defences to it, as well as defining manslaughter, within a graduated system of offences (the ladder principle) to reflect seriousness of offence and degrees of mitigation. For example, the offence of murder should be divided into two categories, of 'first degree murder' (with a mandatory life sentence) and 'second degree' (with a discretionary life sentence maximum). Responses to the consultation paper proposals should be received by 13.04.2006.
 

Contents

CHANGING THE STRUCTURE OF THE LAW OF HOMICIDE
28
THE FAULT ELEMENT IN MURDER
46
INTENTION
46
based on codification of the common law 110
76
COMPLICITY IN FIRST DEGREE MURDER
85
DIMINISHED RESPONSIBILITY AND PROVOCATION 143
97
DURESS AS A DEFENCE TO MURDER 177
97
Our proposed framework 183
127
Other requirements necessary in order to establish a plea of duress 190
148
KILLING WITH CONSENT AND DIMINISHED RESPONSIBILITY 198
148
INFANTICIDE 219
157
LIST OF PROVISIONAL PROPOSALS AND CONSULTATION QUESTIONS 249
100

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