Domestic Abuse: Defence for Victims who Commit an Offence

Baroness Kennedy of Shaws Excerpts

Tuesday 21st February 2023 Lords Chamber

[Lord Bellamy (Con)]

My Lords, I do not wish to pre-empt the contents of the Wade report or the Government’s response. The broad position is that the Government are not yet persuaded that a change in the law is needed in relation to homicide or other offences, but are very much open to further consideration of these very difficult issues.

[Baroness Kennedy of The Shaws (Lab)]

My Lords, it is right to say that the noble Lord, Lord Wolfson, made the commitment that has been referred to as a result of amendments which I had put forward, with the assistance of the right reverend Prelate and others in this House. The concern is that there has been evidence that women are disproportionately convicted of murder, because the way in which defences to homicide have been designed has not taken account of their experiences. Provocation and diminished responsibility are measured in ways that do not take account of that experience. We want to hear urgency from the Front Bench: will it be done with speed?

[Lord Bellamy (Con)]

My Lords, these are difficult issues and I completely understand the concern of the noble Baroness and others who have raised them. Taking the law into one’s own hands is a very big step and there should be a very high bar to taking life, whatever the circumstances. The question of whether one should change the law on the defence of homicide is complicated and the Government will continue to consider it.