MURDER LAW UNDER REVIEW

Women who kill their violent partners could escape life prison terms, under new proposals.

The plan is being put up for discussion by the Government's law reform advisors, the Law Commission.

In a consultation document, it suggests that the murder laws are unfair to female victims of domestic violence and should be changed.

Currently, English law holds that a person who kills after a temporary loss of self-control may be able to rely on the defence of provocation.

Life imprisonment

If such a defence proves successful, the accused would be convicted of manslaughter rather than murder.

But the law is such that individuals who kill using pre-meditated force in order to protect themselves are not protected.

The Commission states: "If a woman in an abusive relationship kills her partner in order to protect herself from further violence, she may have no defence to murder (under provocation, diminished responsibility or self-defence).

"She is, therefore, punished with in circumstances where such a sentence may be considered disproportionate to her culpability.

"But if her partner in a sudden rage kills her because she has been unfaithful, he may succeed in a defence of provocation."

Imbalance

The perceived imbalance of the law in this area has long been flagged up by feminists.

The Law Commission has suggested discussion about abolishing mandatory life sentence for murder or extending the availability of a defence to murder to an abused woman.

It stated: "On the one hand, there is the need to protect and respect human life - and therefore not to condone, even partially, the actions of those who kill through failure to control their emotions.

"On the other hand, people are sometimes provoked to kill in circumstances which call for a degree of compassion."

The consultation paper is being circulated for responses to be made by the end of January.

Reproduced from Sky News - 31st October 2003