Crime: Murder

Lord Walton of Detchant Excerpts

Monday 24th January 2011 Lords Chamber

[Lord McNally]

My Lords, over the past few months when these matters have been discussed, a number of views have been given—I have given some views myself—but the fact is that the collective view of the Government is that the time is not right to take forward such a substantial reform of our criminal law.

[Lord Walton of Detchant]

My Lords—

[Lord Hamilton of Epsom]

My Lords—

[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?

[Lord McNally]

My Lords, I do not try to mislead the House in any way in acknowledging that some of these issues have been before successive Governments for a very long time. On some of the issues, such as when the plea is on grounds of a mercy killing or a related defence, successive Governments have taken the view that this is a matter for Parliament rather than the Government of the day. Within their broad decision not to attempt a major reform of the law at the moment, the Government are trying to look at the guidance so that it may be simplified and to trust the judgment of judges in these matters.