Law official backs call for US-style murder laws

Keir Starmer QC supports recommendations made by the Law Commission for a three-tier system for homicide cases, depending on their seriousness, a Crown Prosecution Service spokesman said.

These were first-degree murder, carrying a mandatory life sentence; second-degree murder, with a life term at the discretion of the judge plus sentence guidelines; and manslaughter, also with a maximum penalty of life.

The Law Commission, which reviews and recommends law reforms, made wide-ranging recommendations for changes to the legislation six years ago.

A year later, it said the homicide law was a “rickety structure set upon shaky foundations”, with some of the rules being in place since the 17th century.

The law could not be stated with “clarity or certainty”, it said.

In 2006, the commission suggested the three-tier system which was backed today by Mr Starmer.

Former Metropolitan Police Commissioner Lord Blair told the BBC Radio 4 Today programme: “I think the Americans have a very sensible idea that there are degrees of murder.

“I think it has been very difficult for the British courts to be able to make that difference obvious to the British public.

“I do think we just need to look at it. The Law Commission spent a long time looking at it and it’s unfortunate their views have not been followed up so far.”

A Ministry of Justice spokeswoman said: “The Government is aware of the recommendations put forward in the Law Commission’s report on murder, which we will consider.”

In July, it emerged that Lord Chancellor Kenneth Clarke was “sympathetic” to a reform of the law of murder.

Justice Minister Lord McNally told peers at House of Lords question time that the Government was “mindful” of the recommendations of a Law Commission report

“This is one of the issues that the Government will be looking at in its review of sentencing policy in general,” Lord McNally said.

He said the report put forward a range of alternatives which would give “a degree of flexibility to the judiciary when dealing with this matter”.

“I do know that, in looking at the matter, the Lord Chancellor is sympathetic to the line taken by the Law Commission.”

He added that the previous government had brought forward some “part proposals” from the report and the new administration was “now looking at this with some urgency”.

Lord Lloyd of Berwick, a crossbench peer and former law lord, had told him that reform of the law of murder was “now long overdue”.

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