Home Secretary responds to draft sentencing guideline on manslaughter by reason of provocation
05 Aug 2005
In May this year, the Sentencing Guidelines Council (SGC) - an independent body comprising members of the judiciary, police, legal professions and those with substantial experience of promoting the interests of victims - published draft guidelines for judges dealing with cases where offenders are found guilty of manslaughter rather than murder, on the basis they were severely provoked.
The Home Secretary has now responded to the draft guideline for the Government. His letter was agreed with the Lord Chancellor and Attorney General. The response broadly accepts the proposed guidelines but suggests they be amended slightly to make explicit that:
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infidelity, in itself, cannot constitute a high level of provocation;
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killing in the presence of a child or other vulnerable person should be considered an aggravating factor.
A full copy of the letter can be downloaded from the right hand side of this page. The Sentencing Guidelines Council will finalise the guidelines later this year.