Crime: Double Effect

House of Lords written question – answered at on 6 March 2007.

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Photo of Lord Lester of Herne Hill Lord Lester of Herne Hill Women & Equality, Cross-Portfolio and Non-Portfolio Responsibilities

asked Her Majesty's Government:

What is their understanding of the doctrine of "double effect" and its place in the common law relating to homicide.

Photo of Baroness Scotland of Asthal Baroness Scotland of Asthal Minister of State, Home Office, Minister of State (Home Office) (Criminal Justice and Offender Management)

The Government understand the "double effect" doctrine to be the idea that doing something harmful may be permissible if it is the unintended consequence of a good action. We believe that there is no single agreed approach to the doctrine by philosophers, lawyers or academics.

The Government's understanding of the doctrine's place in the law of homicide is informed by the Law Commission's recent analysis in its consultation paper A New Homicide Act for England and Wales? A Consultation Paper, a copy of which is available in the Library. The relevant paragraphs are 4.72 to 4.91.

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