A LEADING Merseyside criminal barrister last night said plans to introduce US-style homicide charges would “strengthen” the role of juries.
But Andrew Edis, QC, who is a member of Atlantic Chambers, also said the move could mean a drop in the number of murderers getting life sentences.
He spoke after the Director of Public Prosecutions (DPP), Keir Starmer, QC, yesterday said he would support a move to introduce them.
Mr Starmer came out in favour of recommendations made by the Law Commission for a three-tier system for homicide cases, depending on their seriousness, a Crown Prosecution Service spokesman said. These were first-degree murder, carrying a mandatory life sentence; second-degree murder, with a life term at the discretion of the judge, plus sentence guidelines; and manslaughter, also with a maximum penalty of life.
The Law Commission, which reviews and recommends reform to the law, made wide-ranging recommendations for changes to the legislation six years ago.
Mr Edis, QC, who was appointed a deputy high court judge in 2001 and made a senior treasury counsel in 2009, said: “It would give judges more flexibility in deciding when to impose a mandatory life sentence and it would enable juries to distinguish between the most serious cases of murder and less serious cases of murder. Those distinctions are now made by the judge when it comes to sentencing. It would therefore strengthen the role of the jury when making decisions about the seriousness of particular murder cases.
“The DPP has suggested it’s a question of whether the defendant intended to kill. Now, if a defendant kills with the intent to serious harm, but not to kill, he is convicted of the same offence as a person who intended to kill, namely murder. If the change is adopted, the person who intended to do really serious harm but not to kill would be convicted of second-degree murder and the judge would have power to impose a life sentence, but would not be required to do so.
“Cases of manslaughter, where there is no intent to do serious harm or to kill, would not be affected.”
But he added: “Perhaps the public would have reservations about anything which resulted in a reduction in the number of life sentences being imposed in cases of murder.”
A Ministry of Justice spokeswoman said: “The Government is aware of the recommendations put forward in the Law Commission’s report on murder, which we will consider.”
