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| |
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| | (i) | constituted circumstances of an extremely grave character, and |
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| | (ii) | caused D to have an objectively justifiable sense of being |
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| | |
| | (2) | In subsection (1)(c) the reference to “the circumstances of D” is a reference to all |
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| | of D’s circumstances other than those whose only relevance to D’s conduct is that |
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| | they bear on D’s general capacity for tolerance or self-restraint. |
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| | (3) | A sense of being seriously wronged by a thing done or said is not justifiable if D |
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| | incited the thing to be done or said for the purpose of providing an excuse to use |
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| | |
| | (4) | Subsection (1) does not apply if, in doing or being a party to the killing, D acted |
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| | (b) | to uphold D’s, or D’s family’s, honour, or |
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| | (c) | to punish V for V’s sexual infidelity |
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| | (5) | On a charge of murder, if sufficient evidence is adduced to raise an issue with |
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| | respect to the defence under subsection (1), the jury must assume that the defence |
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| | is satisfied unless the prosecution proves beyond reasonable doubt that it is not. |
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| | (6) | For the purposes of subsection (5), sufficient evidence is adduced to raise an issue |
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| | with respect to the defence if evidence is adduced on which, in the opinion of the |
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| | trial judge, a jury, properly directed, could reasonably conclude that the defence |
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| | |
| | (7) | A person who, but for this section, would be liable to be convicted of murder is |
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| | liable instead to be convicted of manslaughter. |
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| | (8) | The fact that one party to a killing is by virtue of this section not liable to be |
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| | convicted of murder does not affect the question of whether the killing amounted |
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| | to murder in the case of any other party to it.’. |
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| |
| | Partial defence to murder: fear of serious violence |
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| To move the following Clause:— |
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| | ‘(1) | Where a person (“D”) kills or is party to the killing of another (“V”), D is not to |
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| | be convicted of murder if— |
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| | (a) | D’s acts or omissions in doing or being a party to the killing resulted from |
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| | D’s fear of serious violence from V against D or another identified |
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| | |
| | (b) | a person of D’s age and sex, with a normal degree of self-restraint and in |
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| | the circumstances of D, might have reacted in the same or in a similar |
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| | |
| | (2) | In subsection (1)(b) the reference to “the circumstances of D” is a reference to all |
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| | of D’s circumstances other than those whose only relevance to D’s conduct is that |
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| | they bear on D’s general capacity for self-restraint, |
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| | (3) | D’s fear of serious violence is to be disregarded to the extent that it was caused |
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| | by a thing which D incited to be done or said for the purposes of providing an |
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| | |
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| |
| |
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| | (4) | On a charge of murder, if sufficient evidence is adduced to raise an issue with |
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| | respect to the defence under subsection (1), the jury must assume that the defence |
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| | is satisfied unless the prosecution proves beyond reasonable doubt that it is not. |
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| | (5) | For the purposes of subsection (4), sufficient evidence is adduced to raise an issue |
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| | with respect to the defence if evidence is adduced on which, in the opinion of the |
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| | trial judge, a jury, properly directed, could reasonably conclude that the defence |
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| | |
| | (6) | Subsections (4) and (5) are not to be taken as supplanting or undermining or |
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| | otherwise affecting any defence of self-defence that might fail to be considered |
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| | |
| | (7) | A person who, but for this section, would be liable to be convicted of murder is |
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| | liable instead to be convicted of manslaughter. |
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| | (8) | The fact that one party to a killing is by virtue of this section not liable to be |
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| | convicted of murder does not affect the question of whether the killing amounted |
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| | to murder in the case of any other party to it.’. |
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| |
| | |
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| |
| | |
| To move the following Clause:— |
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| | ‘(1) | A defendant (“D”) who kills or is party to the killing of another is to be regarded |
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| | as not guilty of murder, but liable instead to be convicted of manslaughter, if D |
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| | was unaware that his conduct involved a serious risk that another person might |
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| | die as a result of that conduct. |
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| | (2) | A defendant (“D”) who kills or is party to the killing of another is to be regarded |
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| | as guilty of murder where D intended to cause serious injury to another person or |
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| | persons and was aware that there was a serious risk that another person might die |
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| | as a result of D’s conduct.’. |
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| |
| | Partial defence to murder: excessive force in self-defence |
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| |
| |
| | |
| To move the following Clause:— |
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| | ‘(1) | Where a person (“D”) kills or is party to the killing of another (“V”), and a |
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| | defence of self-defence, whether at common law or under section 3(1) of the |
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| | Criminal Law Act 1967 (c. 58) or section 3(1) of the Criminal Law (Northern |
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| | Ireland) Act 1967 (c. 18 (N.I.)), falls to be considered, D is not to be convicted of |
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| | murder if the defence of self-defence fails solely because the force D employed |
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| | |
| | (2) | A person who, but for this section, would be liable to be convicted of murder is |
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| | liable instead to be convicted of manslaughter. |
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|
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| |
| |
|
| | (3) | The fact that one party to a killing is by virtue of this section not liable to be |
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| | convicted of murder does not affect the question of whether the killing amounted |
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| | to murder in the case of any other party to it.’. |
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| |
| | Images of children: review of provisions |
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| |
| |
| | |
| To move the following Clause:— |
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| | ‘(1) | The Secretary of State must, within 2 years of the coming into force of sections |
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| | 49 to 56, undertake a comprehensive policy review of the impact of those |
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| | |
| | (2) | The matters dealt with in the review must include— |
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| | (a) | improvements in child protection, |
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| | (b) | effect on freedom of speech and freedom of expression, |
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| | (c) | whether they are functioning as intended, and |
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| | (d) | whether there have been unintended consequences.’. |
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| |
| | Abolition of offence of criminal libel |
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| |
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| |
| Mr Robert Marshall-Andrews |
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| | |
| To move the following Clause:— |
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| | ‘(1) | The offence of criminal libel under the common law of England and Wales is |
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| | |
| | (2) | In the Libel Act 1843 (6 & 7 Vict. c. 96) sections 4 (publications of libel known |
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| | to be false), 5 (publication of libel) and 6 (plea of truth of matters charged or of |
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| | |
| | (3) | In the Newspaper Libel and Registration Act 1881 (44 & 45 Vict. c. 60) section |
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| | 4 (inquiry by court of summary jurisdiction as to libel being for public benefit or |
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| | |
| | (4) | In the Law of Libel Amendment Act 1888 (51 & 52 Vict. c. 64) section 8 (order |
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| | of judge required for prosecution of newspaper proprietor, etc) is omitted.’. |
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| |
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| |
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| | Acts not capable of encouraging or assisting suicide (exception for travel abroad) |
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| |
| | Mr Robert Marshall-Andrews |
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| |
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| | |
| To move the following Clause:— |
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| | ‘(1) | The Suicide Act 1961 (c. 60) is amended as follows. |
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| | (2) | After section 2 insert— |
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| | “2ZA | Acts not capable of encouraging or assisting |
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| | An act by D is not to be treated as capable of encouraging or assisting the |
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| | suicide or attempted suicide of another person (“T”) if the act is done |
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| | solely or principally for the purpose of enabling or assisting T to travel to |
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| | a country or territory in which assisted dying is lawful.”’. |
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| | |
| Page 24, line 4 [Clause 39], after ‘functioning’, insert ‘or developmental |
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| Page 24 [Clause 39], leave out line 5. |
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| | |
| Page 24, line 9 [Clause 39], at end insert— |
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| | ‘(1ZA) | A person (“D”) who kills or is party to the killing of another is not to be convicted |
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| | of murder if D was under the age of eighteen and his developmental immaturity— |
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| | (a) | substantially impaired D’s ability to do one or more of the things |
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| | mentioned in subsection (1A), and |
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| | (b) | provides an explanation for D’s acts and omissions in doing or being a |
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| | |
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| | |
| Page 24 [Clause 39], leave out lines 14 to 16. |
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| Page 24, line 14 [Clause 39], after ‘(1)(c)’, insert ‘, and subsection (1ZA)(b)’. |
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| Page 24, line 15 [Clause 39], after ‘functioning’, insert ‘or D’s developmental |
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| Page 24, line 26 [Clause 40], after ‘functioning’, insert ‘or developmental |
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| Page 24 [Clause 40], leave out line 27. |
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| Page 24 [Clause 40], leave out lines 36 to 38. |
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| Page 25, line 2, leave out Clause 41. |
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| Page 25, line 31, leave out Clause 42. |
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| Page 25, line 35 [Clause 42], leave out ‘identified’. |
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| Page 25, line 38 [Clause 42], leave out ‘extremely’. |
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| Page 25, line 39 [Clause 42], leave out ‘justifiable’. |
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| Page 26, line 7 [Clause 42], leave out paragraph (c). |
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| Page 26, line 8 [Clause 42], after ‘disregarded’, insert ‘unless the fact that the thing |
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| done or said which constituted sexual infidelity is relevant to other things done or said (or |
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| both) which do not constitute sexual infidelity but which are put forward as qualifying |
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| under subsection (4) of this section.’. |
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| |
| | |
| Page 26 [Clause 43], leave out line 13 and insert ‘[Partial defence to murder: |
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| justifiable anger] and [Partial defence to murder: fear of serious violence]’. |
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| Page 29, line 7 [Clause 49], leave out ‘be in possession of’ and insert ‘create (other |
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| than by downloading an image created by another) or to communicate to another’. |
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| Page 31, line 22 [Clause 51], after ‘not’, insert ‘knowingly’. |
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| Page 32, line 15 [Clause 53], leave out ‘3 years’ and insert ‘5 years for possession |
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| or 10 years for making and distributing’. |
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| Page 33 [Clause 57], leave out lines 30 and 31. |
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| Page 34 [Clause 57], leave out lines 3 and 4. |
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