Jealous ex-partners and murderers who use their hands as weapons to strangle victims face severe prison sentences under new laws set to be brought in by the government
Murderers who strangle their victims or kill at the end of a relationship can expect tougher sentences
Law Commission will carry out a wider review of homicide law and murder sentencing framework, making sure the punishment always fits the severity of the crime
Latest step in the government’s mission to keep our streets safe and halve violence against women and girls
Two new statutory aggravating factors for murder sentencing announced today (6 December 2024) will mean judges will have to consider tougher jail terms for murders involving strangulation or when the killing is connected to the end of a relationship.
The move will implement two outstanding recommendations from Clare Wade KC’s independent Domestic Homicide Sentencing Review. It is the latest step in the Government’s Plan for Change and is central to its mission to keep our streets safe and halve violence against women and girls.
In recognition of wider concerns about inconsistencies in murder sentencing and homicide law, the government has also asked the Law Commission to conduct a wholesale review of the sentencing framework for murder and the law of homicide.
The review will examine complex issues raised by campaigners, such as how diminished responsibility is considered and whether the sentencing framework adequately reflects the seriousness of murders committed in the home.
Lord Chancellor Shabana Mahmood said:
As part of the Government’s Plan for Change, we are cracking down on violence against women and creating safer streets. I fully recognise the concerns raised around homicide law and sentencing, but these are incredibly complex issues and previous tinkering is what has led to the current disparities, so it is right that the Law Commission takes a comprehensive look at it.
Every year around 85 people – overwhelmingly women – are killed by their current or ex-partner, and most of the time these crimes take place in the home.
In the murder cases analysed by Clare Wade KC as part of her independent review, 30 per cent involved strangulation and 40 per cent occurred at the end, or perceived end, of the relationship. In both these scenarios all victims were female and all killers men.
Minister for Violence Against Women and Girls, Alex Davies-Jones said:
The level of violence against women is a national crisis which this Government is determined to tackle, and that includes ensuring the punishment fits the crime for the most abhorrent crimes. I want to pay tribute to all those who campaigned for change in this area, including the Joanna Simpson Foundation, Killed Women, and the families of the victims of the Nottingham attacks.
The current murder sentencing framework in England and Wales was introduced in 2003 and has not been fundamentally reviewed since. This has led to piecemeal changes implemented over the subsequent two decades which have created inconsistencies in the sentencing framework.
This includes the 25-year starting point for murders where a knife has been taken to the scene with intent, compared to the 15-year starting point normally applied if a knife already at the scene is used. This has resulted in domestic murders committed in the home with a weapon often receiving a lower sentence than those committed with a weapon in public places.
Homicide laws themselves have not been reviewed since 2006 and the Law Commission’s ongoing review of defences to domestic homicide will now form part of the overall review.
Minister for Sentencing, Sir Nic Dakin MP, said:
As a society, we now have a greater understanding of domestic abuse, so it is timely to conduct a comprehensive review of homicide law and sentencing to ensure it has kept pace. Campaigners have rightly brought many complex issues to the fore and the experts in the Law Commission will advise Parliament on the best reforms to deal with them.
The measures announced today build on those already implemented by the government as part of the mission to halve violence against women and girls including:
announcing plans to embed domestic abuse specialists and teams in 999 control rooms to ensure that victims get a fast response and are referred to support services quickly
launching Domestic Abuse Protection Orders in selected sites which mean victims of all types of domestic abuse including economic abuse, coercive control, stalking, and violence can seek protection - and more abusers will face harsher restrictions
a commitment to make spiking a new criminal offence
increasing the powers of the Victims Commissioner to reinforce their role as a powerful champion for victims, ensuring their rights are upheld and their voices are heard.
introducing Independent Legal Advocates for victims of adult rape, so that they are confident that their rights are upheld
introduce new ‘Right to Know’ statutory guidance to empower the police to release the identity of an online stalker at the earliest opportunity. This will provide victims with greater reassurance that they will be quickly told the identity of the individual threatening them online
Notes to Editors
It is anticipated the statutory aggravating factors will be implemented by secondary legislation, following consultation with the Sentencing Council for England and Wales. Subject to parliamentary time, it is expected the legislation will come into force next year.
The review will assume the continuing existence of the mandatory life sentence for murder (or the most serious form of murder if a tiered structure for homicide is recommended), and that the sentencing framework for the mandatory life sentence will continue to be set out in primary legislation.
The Law Commission is a statutory independent body which seeks to ensure the law is fair, free of anomalies, modern and cost-effective. To achieve this, it conducts research and consultations and makes recommendations to parliament.