HOW THE LAW STANDS

timeoneonline.co.uk - 6th August 2004.

Murder is when a person of sound mind unlawfully kills "with malice aforethought"

Malice is implied by a proven intention to inflict grievous bodily harm

The person must be conscious of doing wrong and be able to distinguish between good and evil

Death must result within a year and a day

 The Offences Against the Person Act of 1861 said that murderers must suffer death as a "felon".

 The Homicide Act of 1957 said the death penalty should be for capital murder and repeated murder only

The death penalty was replaced by a mandatory life sentence in 1965

David Blunkett has already conceded that different murders should attract different terms:

Judges should impose a whole life sentence for a serial killer, the murder of a child after abduction or that involving sexual or sadistic conduct, terrorist murder or repeat offences

A minimum 30 years for the murder of police and prison officers, murder involving a firearm or explosive, killings for gain and motivated by race, religion or sexual orientation

Other murders have a starting point of 15 years