Lord Phillips criticises murder law reforms

Plans to prevent men using their partner’s infidelity as grounds for defence of provocation in murder cases has been criticised by the head of Britain’s highest court.

Lord Phillips of Worth Matravers said he is “uneasy” about the proposals, saying it is wrong to prevent infidelity being considered as “amounting to provocation”.

At present, men or women who argue that they were provoked to kill their partner for reasons of infidelity can be tried for manslaughter as opposed to murder.

But speaking to lawyers at the firm Clifford Chance, the judge said the proposed legislation would say that “an act of sexual infidelity is not, of itself, an exceptional happening”. He said that at present the law requires “provocation to be conduct that would cause a reasonable man to act as the defendant acted”.

Lord Phillips also expressed concerns about other aspects of the proposed changes, saying they could make the summing-up for the jury more complex.

When the proposed changes to murder laws were announced earlier in the year, Harriet Harman, Minister for Women, said: “For centuries the law has allowed men to escape a murder charge in domestic homicide cases by blaming the victim.

“Ending the provocation defence in cases of infidelity is an important law change and will end the culture of excuses.”

The judge’s concerns have been described as “very worrying” by Women’s Aid.

Spokeswoman Judith Stephenson said: “The current law allows men to get away with murder and places the blame on victims of domestic violence, rather than the perpetrators.

“Women’s Aid wholeheartedly welcomes any measures that serve to reduce the inequalities experienced between men and women in this area where provocation defences are based on ‘nagging’, infidelity, jealousy or breach of so-called honour within their intimate relationships.”

A Ministry of Justice spokesperson said: “The Government is grateful to receive Lord Phillips’ comments. The Government plans to publish a summary of responses to the consultation within the next few weeks, together with an indication of how it intends to proceed in respect to reforming this area of the law.”