Law Commission’s Review of the Law of Homicide

The Law Commission has announced a review of the law regarding homicide offences to include full and partial defences and the current sentencing for murder.

Previous reviews of homicide law

The Law Commission of England and Wales reviewed homicide law in the early 2000s. In 2004, it published recommendations to reform partial defences to murder, many of which were later implemented through the Coroners and Justice Act 2009.

In the Commission’s 2006 report, it proposed wider reforms to the offences of murder, manslaughter and infanticide. However, the government declined to implement these recommendations.

Almost 20 years have passed since the 2006 review, yet many of the problems identified remain. In its 2006 report, the Commission described the law as a “rickety structure set upon shaky foundations.” Some of the current laws date back to the seventeenth century, while others have been amended so often that their meaning is unclear.

As society and the law have evolved, issues with the current law have arisen, including the role of joint enterprise, diminished responsibility and whether the law reflects modern understanding of domestic abuse. Questions also arise about how defences apply when a victim kills their abuser or when prolonged abuse leads to suicide.

The Ministry of Justice has asked the Commission to revisit homicide law. This review will update the 2006 recommendations, reassess defences and partial defences, particularly after the 2009 reforms have taken effect. The Commission will also carry out a full review of the sentencing framework for murder.

Defences for Victims of Abuse

This is clearly a very emotive issue and it is perhaps long overdue, but the Commission is examining defences available to victims of abuse who kill their abuser. This broader review of homicide law allows these issues to be considered holistically, not only considering defences but also offences and sentencing of defendants.

Sentencing for murder

Murder carries a mandatory life sentence, with minimum terms set under Schedule 21 of the Sentencing Code, rather than Sentencing Council guidelines. Schedule 21, introduced in 2003, has never been subjected to a full review but has been amended on multiple occasions on a piecemeal basis. This contrasts to the sentencing guidelines which are frequently reviewed and updated.

Concerns about gender disparities for murders in domestic cases have been raised regarding inadequate recognition of prior abuse for abusive men who kill female victims and disproportionately long tariffs for women who kill abusive male partners.

The introduction of a 25-year starting point in 2010 also raised questions about how seriousness is assessed in murders committed in a domestic setting. The review aims to overhaul this framework and propose a new Schedule 21.

Sentencing Review

The Ministry of Justice has commissioned a separate Sentencing Review, chaired by Rt Hon David Gauke, due to report in Spring 2025. That review excludes wholesale reform of murder sentencing, which remains the focus of the Law Commission’s project.

The Commission’s work also builds on Clare Wade KC’s 2023 Domestic Homicide Sentencing Review, addressing broader issues beyond domestic abuse cases.

Exclusions

The terms of reference detail that the Commission has agreed with the Ministry of Justice to exclude certain issues which are deemed inappropriate for review.

Sentencing Council

The Sentencing Council, established in 2010, issues sentencing guidelines designed to promotes consistency. The terms of reference are clear that the review will not propose changes to those guidelines. Although the Commission is aware that its recommendations could impact the guidelines so will work with the Commission will work collaboratively with the Sentencing Council.

How the review will work

The review will be open and evidence-based, involving research and consultation with judges, practitioners, victims’ groups, academics, and the public. It may also include input from offenders and public opinion to ensure reforms reflect societal values.

The aim is to improve understanding and confidence in sentencing, addressing concerns about the gap between public feeling and reality. A clearer, more coherent framework should help close that gap.

Call for evidence

A call for evidence was published in August 2025, outlining the 2006 recommendations and later developments. Stakeholders were invited to provide responses by 31 October 2025. This feedback, along with further research and engagement, will inform provisional reform proposals to be published in a consultation paper.

Anticipated timeline

• August 2025 – Call for evidence published
• Summer 2026 – Consultation paper on homicide offences, followed by public consultation
• Summer 2027 – Consultation paper on defences and sentencing, followed by public consultation
• 2028 – Final report covering offences, defences, and sentencing

Olliers’ associate solicitor, James Claughton:

“The issues are clearly not only significant but also very sensitive, particularly when it comes to cases involving domestic or historic abuse. As such any review and subsequent reform will need to be mindful of this so as to strike a balance which not only addresses the very obvious concerns over the current disparities in the system but creates a framework which reflects and works for the ever changing society that we live in- no easy task.”

Olliers Solicitors – specialist murder and manslaughter solicitors

If someone you know has been arrested or charged in relation to a murder allegation, the sooner you contact us the better. If they are in custody at a police station we will make immediate contact. If they are already charged, we can act and if another legal team is already in place we can consider whether it is in their best interests to instruct Olliers.

If you or someone you know requires representation in relation to an allegation of murder or manslaughter (or any serious criminal allegation) please contact Olliers by telephone on 0161 834 1515, by email at info@olliers.com or complete the form below.