Homicide Law

Part of the debate – in the Scottish Parliament at on 1 June 2021.

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Photo of Keith Brown Keith Brown Scottish National Party

I thank Jamie Greene for his question. I also welcome him to the role of justice spokesperson for the Scottish Conservatives and thank him for the constructive discussion that we had once he had been appointed to his post.

We are pleased that the Scottish Law Commission has published its extensive discussion paper on reforms to homicide law. The Scottish Government asked the commission to undertake that project in light of various court judgments that recommended a fundamental study into homicide law, and the progress that the commission has made is positive.

In line with the normal process for Scottish Law Commission reports, we are awaiting the commission’s final report, which will be developed from, and informed by, the responses to its initial discussion paper. I do not want to pre-empt the commission’s final recommendations, but I welcome its inclusion of certain aspects of homicide law for consideration for reform, including consideration of whether Scots law needs to be made clearer with regard to the so-called rough sex defence; whether new defences are needed in respect of those who experience domestic abuse; and consideration of reforming the defence of provocation in that area of law. It is right that Parliament will have the opportunity to consider the commission’s final recommendations on those matters when it reports.