Domestic killers face tougher sentences under new laws

Two new statutory aggravating factors for murder sentencing announced on Friday (December 6) 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.

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 Ms 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 with 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 form part of the Government’s mission to halve violence against women and girls.

The Domestic Abuse Commissioner for England and Wales, Nicole Jacobs, said: “I am pleased that strangulation and killing at the end of a relationship will become statutory aggravating factors for murder sentencing, and look forward to their introduction within 12 months.

“These changes, recommended by Clare Wade KC in her Domestic Homicide Sentencing Review, are a step in the right direction, but reforms will fall short unless all recommendations from her Review are implemented.

“I also welcome news that the Law Commission will conduct a broader review of homicide law and sentencing. It is essential that this review considers domestic abuse in its entirety – not just victims of domestic homicide, but those who kill their abusers.

“Losing a loved one to domestic homicide is an unimaginable tragedy. I hope that today’s measures support more bereaved families in achieving justice.”

Harriet Wistrich, director of the Centre for Women’s Justice (CWJ), said: “We welcome the Lord Chancellor’s recognition of gendered disparities for murders committed in a domestic context. Far too often, the justice system has failed to adequately account for the context of abuse in cases where women kill their abusers, imposing disproportionately long sentences.

“Meanwhile, prior abusive behaviour of men who kill their female partners is inadequately reflected in the minimum sentences they receive. This review is a crucial step forward.”

CWJ’s 2019 research report, Women Who Kill, revealed “systemic gendered disparities” in domestic homicide cases. Since then, CWJ has documented nearly 40 case studies of women convicted of murdering abusive partners. It says these cases underscore the urgent need for legal reform to ensure that the law reflects the lived realities of abuse survivors.

In addition to the forthcoming Law Commission review, CWJ commends the Government’s “commitment to immediate action by implementing key recommendations from Clare Wade KC’s independent Domestic Homicide Sentencing Review”. Specifically, the creation of statutory aggravating factors for murders involving strangulation and those linked to the end of a relationship signals a significant shift in addressing the unique dynamics of domestic violence homicides.

Ms Wistrich added: “Strangulation is a disturbingly common and highly gendered form of violence in intimate relationships.

“CWJ has been at the forefront of highlighting its role in domestic abuse and assisted in securing the introduction of a standalone offence of non-fatal strangulation. Today’s announcement builds on this progress, acknowledging the gravity of strangulation as a lethal act and reinforcing the need for harsher penalties in such cases.

“Furthermore, recognising the extreme vulnerability of victims killed after ending, or threatening to leave a relationship reflects an important acknowledgment of the power dynamics often at play in domestic homicides”.