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PEOPLE who kill their partners face more than ten years in jail under sentencing guidelines to be published shortly.
The Sentencing Advisory Panel will recommend that domestic killings should be treated like murders and that sentences, which can be as little as three years, should be substantially increased.
Ministers have ruled out an amendment to the Domestic Violence Bill, now going through Parliament, to scrap the defence of provocation, argued by defendants in many domestic killings. Instead they favour giving courts discretion to exclude the defence unless the provocation is “gross” in the light of new Law Commission proposals.
The Government’s law reform body is calling for an end to its use on the ground of jealousy or infidelity. If adopted, its proposals would stop the use of provocation as a defence by men in many cases of domestic murder. It would, however, enable battered women who kill to continue using the defence. Jealousy, infidelity (on its own) and defending the family honour should never amount to provocation.
The Bill is now far advanced through Parliament and ministers are unwilling to risk its all-party support with a potentially controversial change, such as outright abolition of the defence of provocation. If, however, there is support for giving courts discretion to prevent the defence going to a jury, it might still be added to the Bill.
Harriet Harman, QC, the Solicitor-General, who has been pressing for such reforms, said that she was content with the decision.
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