The Conservative Party has proposed an overhaul of current homicide legislation, adopting a US style classification. The proposals would see the introduction of a tiered system of first and second degree murder. This forms part of a promise to redress what are suggested to be loopholes and anomalies in sentencing.
First degree murder would apply where the killing was intentional, and would attract an automatic life sentence, resembling the current position. Second degree murder would apply where there was either no intention to kill, or where there is a partial defence. For second degree murder there would still be the option of a life sentence but this would not be automatic.
The system would see those who would otherwise be convicted of manslaughter convicted for second degree murder. The minimum sentencing for murders in a domestic context is proposed to be increased from 15 to 25 years.
The Government has been questioned as to whether the proposal would address the prison crisis. It comes as prisons in England and Wales are coming close to capacity and cases have been delayed in the Court system to avoid increasing the number of defendants being remanded into custody.
These proposals follow closely in the footsteps of the outcome of the case of Valdo Calocane, who was convicted of manslaughter on the basis of diminished responsibility.
The proposals would potentially see Calocane convicted of an offence with the terminology of second degree murder. Calocane was made subject to a Hospital Order following a plea for diminished responsibility, inviting criticism from the families of his victims and the wider public.
The current proposal does not include a change the current position on diminished responsibility, and whether a case such as Calocane would still be sentenced with a Hospital Order.
Families of the victims of Calocane are reassured by the suggestion that criminals such as Calocane will be ‘put behind bars’. It has been applauded by the family of a victim of Calocane as a ‘seismic, important change.’
The Shadow Justice secretary described the proposal as ‘cynical and transparent’.
