Ford Courts Changes In Murder Laws

The Stormont Justice Minister David Ford has begun the introduction of pivotal changes to the law on murder to provide enhanced defences in domestic violence cases.

The changes are contained in the Coroners and Justice Act 2009, which come into effect in Northern Ireland today and are intended to help deliver fairer treatment for victims of domestic violence.

Alliance Minister David Ford said: "The unlawful taking of the life of another human being is the most serious issue which our criminal courts have to deal with.

"These changes update the law, including where murder is linked to domestic abuse, and will help to provide a more just and equitable outcome in individual cases."

Changes to the law of murder have come into force in NI, allowing domestic violence victims to claim they were forced to kill their abuser.

They can avoid a murder conviction if they can prove they were motivated by "words and conduct" which left them "seriously wronged".

It replaces the defence of provocation with one of "loss of control" caused by a fear of serious violence.

David Ford said the changes made the law fairer and will bring the law in Northern Ireland into line with England and Wales.

It will mean that anyone who kills after long-term abuse could use one of the partial defences, which replaces a requirement for them to have acted on the spur of the moment.

Under the changes, the partial murder defence of diminished responsibility has been replaced with "a modernised definition", based on the concept of "an abnormality of mental functioning, which arose from a recognised medical condition".

Previously, adultery could count as provocation - a "crime of passion" - but under the new loss of control defence, sexual infidelity - "real or imagined" - on the part of the victim does not constitute sufficient grounds for reducing murder to manslaughter.

However, the Lord Chief Justice of England and Wales has previously criticised the changes after they came into effect on the mainland.

Last December, Lord Igor Judge said scrapping provocation as a defence in murder trials and replacing it with the defence of loss of self control was not "sensible" and told the Lords Constitution Committee it was overly complex and suggested it could cause confusion.

The proposals cover three areas of homicide law: the partial defence to murder on the grounds of 'diminished responsibility' is replaced with a modernised, medically-based definition based on the concept of 'an abnormality of mental functioning which arose from a recognised medical condition'.

The existing partial defence to murder of provocation is replaced by the partial defence to murder of 'loss of control' and finally the Infanticide Act 1938 is amended so that it is clear that the offence and defence of infanticide are available only in respect of a woman who would otherwise be found guilty of murder or manslaughter.

(BMcC/GK)