§ Fiona MactaggartTo ask the Solicitor-General what studies she has conducted into the use of the defence of provocation. [95764]
§ The Solicitor-GeneralThe Attorney-General and I have been actively looking at the current operation of the law on provocation as a partial defence to murder 735W and have discussed the issues with the DPP. The DPP has sought the views of Chief Crown Prosecutors as to whether recent developments in the law, in particular the decision of the House of Lords in R v Smith (Morgan) has had an effect on the prosecution of cases on the ground.
We have also had discussions with the DPP on the issue of the acceptance of pleas to manslaughter by reason of provocation and the DPP intends to issue guidance to prosecutors which emphasises that only in exceptional circumstances should the issue whether or not an offender was provoked not be put before the jury.
As Law Officers we have also considered the defence of provocation in the exercise of our power to refer a sentence to the Court of Appeal by virtue of section 36 of the Criminal Justice Act 1988 on the grounds that the sentence was unduly lenient. In 2002 the Law Officers referred two cases of the manslaughter of women by their partners by reason of provocation arising out of jealousy and unfaithfulness to the Court of Appeal, arguing that the current sentencing tariff does not adequately reflect the seriousness of the offences and is out of line with levels of sentencing in other cases of homicide and serious violence. The Court of Appeal indicated that it would be inappropriate to lay down guidelines in this difficult area without the Sentencing Advisory Panel having first been involved. It is too soon to say what the outcome in this area of the law will be. In addition, the Government has given a commitment to publish a consultation paper on domestic violence in the spring.