Ford commences changes to murder law linked to domestic abuse
Justice Minister David Ford has commenced changes to the law on murder to provide enhanced defences in domestic violence cases.
~ Wednesday, 1 June 2011
The unlawful taking of the life of another human being is the most serious issue which our criminal courts have to deal with.
Northern Ireland Department of Justice
The changes are contained in the Coroners and Justice Act 2009 which come into effect in Northern Ireland today (June 1) and are intended to help deliver fairer treatment for victims of domestic violence.
David Ford said: “The unlawful taking of the life of another human being is the most serious issue which our criminal courts have to deal with.
“These changes update the law, including where murder is linked to domestic abuse, and will help to provide a more just and equitable outcome in individual cases.”
Notes to Editors
Three areas of homicide law are being amended under the Coroners and Justice Act 2009;
- The partial defence to murder on the grounds of “diminished responsibility” is replaced with a modernised, medically-based definition based on the concept of ‘an abnormality of mental functioning which arose from a recognised medical condition’.
- The existing partial defence to murder of provocation is replaced by the partial defenceto murder of "loss of control". The partial defence will be available where a person’s loss of self control was attributable to a fear of serious violence, or in response to words or conduct which caused the defendant to have a justifiable sense of being seriously wronged. This could apply to “years of abuse” situations, whereas the previous law focussed only on “spur of the moment” actions.
- And finally the Infanticide Act 1938 is amended so that it is clear that the offence and defence of infanticide are available only in respect of a woman who would otherwise be found guilty of murder or manslaughter.
A government consultation paper ‘Murder and Manslaughter: Proposals for Reform of the Law’ was published on 29 July 2008.
The consultation drew on recommendations made by the Law Commission in England and Wales following their review of the homicide law in 2006 and was extended to Northern Ireland with the agreement and support of the Law Commission for Northern Ireland. The provisions were debated fully by Parliament and passed into law in 2009.
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