Crime: Murder

Lord Lloyd of Berwick Excerpts
Monday 24th January 2011

(13 years, 9 months ago)

Lords Chamber
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Asked by
Lord Lloyd of Berwick Portrait Lord Lloyd of Berwick
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To ask Her Majesty’s Government whether they plan to reconsider their decision, announced in the Ministry of Justice Green Paper Breaking the Cycle: Effective Punishment, Rehabilitation and the Sentencing of Offenders, not to abolish the mandatory life sentence for murder.

Lord McNally Portrait The Minister of State, Ministry of Justice (Lord McNally)
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My Lords, the Government have no plans to abolish the mandatory life sentence for murder.

Lord Lloyd of Berwick Portrait Lord Lloyd of Berwick
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I thank the noble Lord for that Answer. Is he aware of recent research that shows that the public are not in favour of a life sentence in every case of murder, as is so often thought, especially not in cases where the conviction has been of a mercy killing? Seventy-nine per cent of those consulted in face-to-face interviews last May said that they thought that nine years or less would be sufficient in such cases, which corresponds almost exactly with a recent decision in the Court of Appeal that reduced the minimum term from nine years to five years. Against that background, why do the Government continue to think that a life sentence is necessary in every case of murder? Why not leave it to the judge to decide on the facts of the particular case? Why not at least consult the public on this in the consultation exercise that is currently taking place?

Lord McNally Portrait Lord McNally
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My Lords, the noble and learned Lord is referring to the Nuffield Foundation report Public Opinion and Sentencing for Murder. I know that because he was generous enough to send me the report, which, in my reading, shows that there is a good deal of public confusion about the law of murder. Perhaps there is a need for greater education and explanation. The blunt fact is that the Government considered these and other proposals in the recent, or not so recent, Law Commission report on the matter. However, they came to the conclusion that the time was not right to take forward such a substantial reform of our criminal law.