The Lord Bishop of Gloucester received the following written answers on 21st July 2021:
The Lord Bishop of Gloucester asked Her Majesty’s Government:
- (1) what are the terms of reference, and (2) what is the planned process, for the Lord Chancellor’s review of sentencing in domestic homicide cases; and what plans they have, if any, to hold a public consultation on this matter.
- (1) what are the terms of reference, and (2) what is the planned process, for the Lord Chancellor’s review of sentencing in domestic homicide cases; and what plans they have, if any, to hold a public consultation on this matter.
- what organisations will be consulted for the Lord Chancellor’s review of sentencing in domestic homicide cases.
Lord Wolfson of Tredegar (Con, Ministry of Justice): The Lord Chancellor committed to reviewing sentencing in cases of domestic homicide earlier this year and I am pleased that the first stage of this review, an analysis of data, sentencing remarks and outcomes of relevant domestic homicide cases from the past two years, is well underway. We are hopeful that the review will be complete by the end of the year.
The first stage of the review is focused on achieving an improved understanding of current sentencing practice, before moving to a second stage which will consider whether any changes to the law are necessary, and if so, what those changes should be. This initial stage will examine how the sentencing legislation and guidelines have been applied, including in cases where a weapon is and is not taken to the scene, and where victims of domestic abuse have killed their abuser. It will also consider how aggravating and mitigating circumstances are taken into account, the use of current defences to charges of murder and manslaughter, and whether there appear to be gender disparities in case outcomes and how the guidelines are being applied.
Following this initial stage, the Lord Chancellor intends to appoint an independent expert, with the relevant experience and knowledge in this field, to oversee a more detailed phase of consideration and consultation. Their role will be to consider the findings of the initial case review and data analysis and use that as the basis for identifying potential areas for reform and delivering recommendations for change to the Lord Chancellor.
Once the independent expert is in place, we will work with them to finalise the scope and approach for this second phase of the Review, including issues of consultation. Engagement with key stakeholders will be critical and the Lord Chancellor is keen that they have the opportunity to provide their input in helping shape the recommendations. He has already met with both the Victims Commissioner and Domestic Abuse Commissioner to discuss the review as a first step.
The Lord Bishop of Gloucester asked Her Majesty’s Government:
- further to the remarks by Lord Wolfson of Tredegar on 3 February (HL Deb, col 2286), what assessment they have made of (1) the need to review the existing defences for individuals whose offending or alleged offending results from their experience of domestic abuse, and (2) the need for statutory reform in relation to (a) sentencing, (b) conviction, or (c) acquittal.
- what conversations, if any, they have had with the Law Commission in the last six months about reviewing the effectiveness of existing defences for individuals whose offending or alleged offending results from their experience of domestic abuse; and what assessment they have made of the need for legislative reform on this matter.
Lord Wolfson of Tredegar (Con):
The Government have committed to conducting a review of domestic homicides which, although primarily about sentencing, will also take account of the current defences to a homicide charge. We intend, following that review, to consider whether it is necessary for a separate review of statutory defences to homicide in the context of domestic abuse to be undertaken, or whether there is evidence of the need for consideration of a specific defence for a wider range of offences for those subject to domestic abuse.
The Ministry of Justice regularly engages with the Law Commission on emerging criminal law issues. Some initial discussions at official level have taken place on this and other related matters but the Government will be awaiting the outcome of the domestic homicide review before it considers whether any legislative change is necessary.
The Church of England in Parliament 
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