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WorldPartners who murder ex-spouses to face tougher punishments after domestic violence reforms

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Partners who murder ex-spouses to face tougher punishments after domestic violence reforms

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With new domestic violence legislation that have been suggested, partners who murder their ex-partners after a breakup will receive lengthier terms.

If they are approved by Parliament, judges will use the murder of an ex-partner as an aggravating circumstance when determining punishment.

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The suggestions, which were made public on Thursday by Alex Chalk KC, the justice secretary, will also take abuse allegations against those found guilty of outbursts into account.

Domestic abuse victims will receive lighter punishments if they did experience it, including campaigns of coercive and controlling behaviour.

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The Government commissioned an independent review into domestic homicide sentencing in 2021 and Clare Wade KC made her suggestions in a report published on March 17 this year.

Along with the additional measures suggested this week, ministers are also set to ask the Law Commission to to review the use of defences in domestic homicide cases.

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This will include the partial defences of ‘loss of control’ and ‘diminished responsibility’.

Justice Secretary ALEX CHALK, seen at a Cabinet Meeting in Downing Street. Cabinet Meeting in Downing Street, London, England, United Kingdom - 18 Jul 2023
Lord chancellor and secretary of state for justice Alex Chalk KC announced the reforms (Picture: Shutterstock)

‘Loss of control’ is often used to try and reduce a charge from murder to manslaughter.

It is a complicated defence and the details of it would change with each case but, in the context of domestic violence, it is usually argued by proving the defendant had a ‘serious fear of violence’ from the person they commited a crime against.

Reforming ‘diminished responsibility’ will broadly mean asking the court to take into account whether a defendant has suffered mental health problems because of domestic abuse.

Essentially, this review will be looking at whether the law adequately considers circumstances where a victim of domestic abuse acts in self-defence.

Justice secretary Alex Chalk KC said: ‘Cowards who murder their partners should face the full force of the law.

‘Our reforms will give judges the power ensure that those who coercively control their victims or kill them at the end of a relationship face longer behind bars.’

The lord chancellor also said he wanted to make it easier for courts to enforce severe consequences on murderers who ‘add pain and trauma through “overkill”‘.

This is when excessive force or action is taken beyond what is necessary to commit the murder.

Domestic homicide is defined as a death that occurs due to violence, abuse or neglect by a partner, ex-partner, relative or member of the same household.

Controlling or coercive behaviour was introduced as a criminal offence in the Serious Crime Act 2015 and can include economic, emotional or psychological abuse and threats alongside physical or sexual violence.

More than half (51%) of the murder cases looked at in the Wade Review involved controlling or coercive behaviour.

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