Making Sense of Murder: The Law Commission Proposes Radical Reforms to UK Homicide Law

The Law Commission for England and Wales is currently consulting on reform of the antiquated common law of homicide (murder and manslaughter) with a view to addressing long-standing criticisms that the current legal system is outdated, overly complex and fails accurately and fairly to distinguish between varying degrees of culpability (https://lawcom.gov.uk/project/law-of-homicide/).

On Double Jeopardy, Ken Macdonald KC and Tim Owen KC provide expert legal commentary on the implications for UK law and politics of fundamental change to homicide law and sentencing in discussion with the Law Commissioner for Criminal Law, Professor Penney Lewis.

How many people realise that a person can be convicted of the substantive offence of murder on the basis of an intent merely to cause serious injury whereas the offence of attempted murder requires proof of a specific intention to kill? Will the Law Commission's proposal to replace the current two-tier system with a structured three-tier hierarchy of general homicide offences (first degree murder, second degree murder and manslaughter) make it easier for the public to understand why the mandatory life sentence is reserved for the most serious homicide offences? Should a jury continue to define for itself what degree of carelessness amounts to the serious crime of gross negligence manslaughter? And should the understandable grief and rage of the relatives of victims of homicide influence the difficult charging decisions that the Crown Prosecution Service must make in those cases where mental illness obviously explains the homicidal motive?

Ken and Tim are then joined by former Court of Appeal Judge and President of the Kalisher Trust, Dame Anne Rafferty, to celebrate the 30th anniversary of the Kalisher Trust which has, for the last three decades promoted social mobility, diversity and excellence at the Criminal Bar (https://www.thekalishertrust.org/).  

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Covering the critical intersections of politics and law in the UK with expert commentary on high-profile legal cases, political controversies, prisons and sentencing, human rights law, current political events and the shifting landscape of justice and democracy. With in-depth discussions and influential guests, Double Jeopardy is the podcast that uncovers the forces shaping Britain's legal and political future.    ​

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