Law Commission reviews homicide laws

The Law Commission has recently published a call for evidence as part of its review into the law of homicide, inviting stakeholders to contribute their insights on current legislation and the issues at stake. At this preliminary stage, the Commission seeks evidence concerning the operation of homicide laws and potential areas for reform. Contributions can take various forms, including academic writings, case law, legislation, and personal experiences, to help shape provisional policy development. Interested parties are encouraged to submit their evidence via email to homicide@lawcommission.gov.uk by the specified deadline of Friday 31 October 2025.

The need for reform in homicide legislation has been clear for some time. A thorough review conducted by the Law Commission in the early 2000s resulted in key recommendations. These included the 2004 recommendations for reform of partial defences to murder, such as loss of control and diminished responsibility, which have since been implemented largely through the Coroners and Justice Act 2009. In 2006, the Commission also presented suggestions for restructuring homicide offences, proposing a three-tiered model that would have replaced the traditional two-tier system of murder and manslaughter. However, the government did not adopt most of these recommendations.

In the nearly twenty years since these earlier reviews, several issues have intensified, highlighting the limitations and inadequacies of the homicide legislation. Particular challenges, such as the complexities surrounding “joint enterprise liability” and the legal handling of cases where victims of domestic abuse retaliate against their abuser, have emerged. The growing public discourse around these issues has been significantly influenced by high-profile cases, including the recent tragic murders in Nottingham and Southport. Various stakeholders, including legal professionals and organisations like Clare Wade KC in the 2023 Domestic Homicide Sentencing Review, have called for a critical examination of the current laws.

The current review encompasses three key strands: homicide offences, defences, and the sentencing framework for murder. The first strand aims to re-evaluate the 2006 recommendations on substantive homicide offences considering recent developments, including the Supreme Court decision in Jogee regarding joint enterprise liability. Next, the review will examine the function of existing partial defences to murder and the specific circumstances surrounding victims of domestic abuse who kill their aggressors. Finally, the sentencing framework for murder will also be assessed, although the basic structure of the mandatory life sentence is beyond the review’s scope.

Professor Penney Lewis, the Commissioner for Criminal Law, emphasised the significance of the call for evidence, stating: “We are pleased to launch this important work on the law of homicide by seeking evidence about how the law operates from anyone who is or has been affected by it, whether personally or professionally. We will use the evidence we receive to shape the scope and direction of the project.” Through this review, the Law Commission aims to holistically consider the law of homicide and its implications for different groups, especially vulnerable victims of domestic abuse.

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