The announcement that the Ministry of Justice has commissioned the Law Commission to undertake a comprehensive review of homicide law and sentencing in murder cases alongside the Gauke review of sentencing in non-homicide cases means that sentencing policy in England and Wales will be reviewed simultaneously by two separate bodies.
Given the role of longer sentences for murder in increasing sentences across the board, is this a sensible way to tackle the sentence inflation generated over the past twenty years which is the principal cause of the current prisons crisis?
And with the wealth of existing data, including a magisterial 2006 Report by the Law Commission into homicide law, why does the Government need more reports other than to buy time? Beyond attacking Conservative governments for not building more prisons to accommodate yet more prisoners, what original ideas does the Justice Secretary actually have about how to reform the crumbling justice system?
In the latest episode of Double Jeopardy, Ken and Tim take us into the history and evolution of homicide sentencing, from the disastrous 2003 Criminal Justice Act conceived by New Labour to the present calls for change, exploring how these reforms intersect with broader legal principles and questioning whether the current system strikes the right balance between deterrence, punishment, and fairness.
Ken and Tim also examine the judiciary’s delicate role in managing sentence inflation and resisting political interference, all while advocating for a more logical and cohesive approach to homicide law.
