Criminal Justice Bill

Part of the debate – in the House of Lords at 3:30 pm on 4 November 2003.

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Photo of Lord Thomas of Gresford Lord Thomas of Gresford Liberal Democrat 3:30, 4 November 2003

My Lords, I have presented what I want to say on the amendment, but perhaps noble Lords will permit me to reply to the comments that the noble and learned Lord the Attorney-General has just made. In particular, I draw his attention to paragraph 4.22 of the Law Commission's report, which states:

"Any exception [to the double jeopardy rule] must, however, be limited to those types of cases where the damage to the credibility of the criminal justice system by an apparently illegitimate acquittal is manifest, and so serious that it overrides the values implicit in the rule against double jeopardy".

On the noble and learned Lord's other point about whether there is a principled basis for murder as opposed to any other crime, the Law Commission, at paragraph 4.34, said that,

"murder, as the most serious form of homicide, is in a unique position and can as a matter of principle be separated off from all other offences. There is, we must accept, a potential problem with using such an analysis to justify treating murder in this way. Murder, as defined in English law, is not confined to deliberate killing".

It deals also with intent to cause serious harm. Even if most murderers are not deliberate killers, however, there is still an important sense in which deliberate killing is the core of the offence of murder. That is sufficient to justify concluding that it remains a unique offence, not merely one that is more serious than others.

The Law Commission's view on whether there is a principled distinction with murder is as I have described it. On the principle of disquiet to the public, the Law Commission is with us. For that reason, I beg to move the amendment.