Coroners and Justice Bill

The Government have consulted extensively on the homicide provisions, both generally and in terms of each of the Law Commission’s reports. The noble Lord, Lord Carlile of Berriew, referred to the extensive consultations there have been. I cannot tell my noble friend whether this particular amendment, which is Professor Spencer’s amendment, has been subject to specific consultation. I can certainly undertake to find out whether that is true. But have all of those people been consulted in relation to a plethora of homicide provisions over the past six years? Absolutely. Have we discussed the import of their suggestions? Yes. Has everyone always agreed? Regrettably, not. Is it a continuing, iterative conversation? Yes, it is. This amendment seeks to create a third category. You would have murder with extenuating circumstances and then manslaughter, which could be introduced if one of the partial defences was proven. I do not know whether the noble and learned Lord is suggesting that we accept this amendment and expunge the partial defences in relation to provocation. If he is not, we would have three areas—murder, murder with extenuating circumstances and manslaughter. One can see a certain echo with the Law Commission’s categories of murder one, murder two and manslaughter. We would argue strongly that this is not the moment to do that. We have a real difficulty in terms of defining what the extenuating circumstances are. The term is wholly undefined at the moment so I can give no comfort to the right reverend Prelate and other noble Lords about what falls within the definition and what falls without it. This issue would not be one for Parliament to decide—I know that subsequently we are going to debate the issue of assisted dying and mercy killing—but it would be for the court on the day in question to determine, judge and jury, whether there were extenuating circumstances. For something of such importance to the public at large, I think it is for this House and another place to make that determination after full and proper debate. I understand the attraction of taking this route but I cannot advise your Lordships to adopt it. It would not enable us to look at these issues with the acuity they require. These are hotly contested issues and Parliament, as difficult as it is, will have to decided what it wants in relation to them on behalf of the people of this country. We cannot slip round that by using this amendment, as attractive as I undoubtedly believe it may appear at first blush.