Guidance

Domestic Homicide Sentencing Review: Terms of Reference

Published 2 November 2021

Applies to England and Wales

1. Purpose of the Review

A review to ascertain, to the extent possible, how the current law applies to cases of domestic homicide (prosecuted as either murder or manslaughter) where an individual has caused the death of an intimate partner or former partner, and to identify options for reform where appropriate.

2. Objectives

The review will look at a cross-section of cases (in the form of an initial case review) to determine how cases of domestic homicide are dealt with under relevant sections of the current criminal law including statutory principles on sentencing for murder in relation to minimum term orders and relevant Sentencing Guidelines in relation to manslaughter, to assess how perpetrators and victims are being treated within the law.

The review will consider the following:

  • The impact of statutory starting points for minimum terms set out in Schedule 21 of the Sentencing Act 2020 and the statutory aggravating and mitigating factors in paragraphs 9 and 10 of the same Schedule on sentences for murder where the victim is an intimate partner or former partner of the perpetrator. This will include an assessment of whether these starting points and the aggravating and mitigating factors are leading to gender (or any other) disparities in terms of sentencing outcomes.
  • The review will then assess whether, in the light of this evidence, the statutory starting points in Schedule 21 and the aggravating and mitigating factors, as applied in these cases of domestic homicide, are fit for purpose.
  • One particular issue that the review will consider is how the relevant provisions in Schedule 21 to the Sentencing Act 2020 in relation to murder and Sentencing Guidelines in relation to manslaughter are used in cases of domestic homicide where a weapon has been used in various circumstances, notably cases where a weapon has been brought to the scene of a killing with the necessary intent and where a weapon that is already at the scene has been used in a killing.
  • The review will also consider any differences in the approach to sentencing of cases where a victim of domestic abuse has used a weapon to kill the perpetrator of such abuse compared to domestic homicide cases where a weapon is not used (by either a victim or perpetrator of domestic abuse) or where a weapon is used by a perpetrator of domestic abuse against his or her victim, in cases of murder and manslaughter.
  • The use of current defences to charges of murder when used by domestic abuse victims who kill their abuser.
  • To include specific consideration of any differences, in terms of case outcomes (including sentencing outcomes), arising from the use of these defences, including partial defences, when compared with charges of murder where the victim has not been an abuser.
  • The way in which the Definitive Sentencing Guidelines for Manslaughter are being applied in cases of domestic homicide, particularly those which are relevant to domestic abuse and how they may affect sentencing outcomes.

3. Scope

The review will examine cases of domestic homicide where an individual has caused the death of an intimate partner or former partner and has been charged and/or convicted of either murder or manslaughter. Such cases will have been dealt with in England and Wales. The primary focus of the initial case review will be an analysis of sentencing remarks in relation to the cross-section of cases, i.e. cases resulting in a conviction for either offence. The initial case review will also identify and analyse relevant data.

4. Outputs

There will be an initial report which seeks to provide an analysis of a selection of the above issues drawn from information gleaned from previous cases of domestic homicide (‘the initial case review’) and draw conclusions where possible.

This will be shared with the independent reviewer (see Governance below) who will consider the findings and, where appropriate, make recommendations for change. Any recommendations should be evidence-based in that they can be shown to be directly attributable to the findings from the initial case review, any related data analysis and any additional external analysis which the independent reviewer thinks may be relevant. Further internal analysis may also be conducted by the independent reviewer where it is deemed appropriate.

The findings of both the initial case review and the independent reviewer will be published after consideration by the Secretary of State following the end of the review.

5. Timing

The initial case review should be conducted and report by July 2021. The full review, including any recommendations, must be submitted to the Secretary of State by the end of 2021. The Secretary of State will consider the review and its recommendations before determining whether further consultation is needed or publishing the report.

6. Governance and Methodology

The reviewer will take the form of an independent expert who will be appointed by, and accountable to, the Secretary of State for delivery of the review. Details of the governance which achieves this accountability and the methodology for the review – including analysis of the initial case review and consultation with central government and other relevant bodies – will be agreed between the independent expert and the Secretary of State.