Crime: Murder

Baroness Anelay of St Johns Excerpts

Monday 24th January 2011 Lords Chamber

[Noble Lords]

Cross Bench!

[Baroness Anelay of St Johns]

My Lords, there is considerable time. I am aware that the noble Lord, Lord Walton of Detchant, has been magnanimous in giving way twice. Perhaps we can hear him first and then from my noble friend.

[Lord Walton of Detchant]

Is the Minister aware that the House of Lords Select Committee on Medical Ethics, which I was privileged to chair, reported in 1993 that in its opinion the mandatory life sentence for murder should be abolished to allow flexibility in sentencing? The Home Office reported to that committee 23 cases in which a positive act by a family member had resulted in the death of a loved one suffering from terminal cancer. In every case, a charge of murder was considered. However, because the conviction of the individual would have given rise to a mandatory life sentence, the charge in all but one case was amended to attempted murder, as it was recognised that no jury would be likely to convict. Was that not therefore a case in which the law was being manipulated?