Coroners and Justice Bill

My Lords, my name is attached to this amendment. I remind your Lordships of what I said on the previous amendment: nothing could be more imprecise than the words that are used in the proposed Clause 48 on provocation, or indeed more imprecise than the concept of provocation in the law as it exists at the moment. It has been through the courts over and again in an attempt to derive some clarity for the concept, yet the Government stay with it. So I am not moved by the suggestion of the noble Lord, Lord Clinton-Davis, that "developmental immaturity" is an imprecise term. Certainly the Law Commission, after looking at the whole of the law of homicide, came to the conclusion that the term could be the basis of a partial defence, in its Partial Defences to Murder published in 2004. It is not just developmental immaturity that is at issue. The partial defence does not come into play unless it is shown that that developmental immaturity substantially impaired the defendant’s inability to do one or more of the things that are mentioned, as in the proposed diminished responsibility clause; provides an explanation for his acts or omissions; and, further, that it is a significant contributory factor in causing the defendant to carry out the conduct in question. There are all sorts of hoops to get through. I remind your Lordships that, again, it being a partial defence, the jury do not get to consider it unless they are satisfied that the defendant has killed someone with the necessary intent to kill or to cause serious bodily injury. That is the precondition before they even look at the developmental immaturity that is referred to here. This is a perfectly correct and proper amendment in principle and we will support it from these Benches, notwithstanding the Division that has recently occurred.