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back to previous amendments
| 150B | Page 27, line 9, after "another" insert "("V")" |
| 150C | Page 27, line 10, after "D" insert "or V" |
| 151 | Page 27, line 11, after "functioning" insert "or developmental immaturity" |
| 153 | Page 27, leave out line 12 |
| 153A | Page 27, line 12, at end insert "suffered by D or the deceased" |
| 154 | Page 27, line 12, at end insert— |
| "( ) | arose from a developmental immaturity if D was under the age of 18," |
| 155 | Page 27, line 13, after "D's" insert "perception of reality or his" |
| 155A | Page 27, line 16, at end insert— |
| "(1ZA) | A person ("D") who kills or is party to the killing of another is not to be convicted of murder if D was under the age of eighteen and his developmental immaturity— |
| (a) | substantially impaired D's ability to do one or more of the things mentioned in subsection (1A), and |
| (b) | provides an explanation for D's acts and omissions in doing or being a party to the killing." |
| 156 | Page 27, leave out lines 21 to 23 |
| 156A | Page 27, line 21, after "(1)(c)" insert "and subsection (1ZA)(b)" |
| 156B | Page 27, line 22, after "functioning" insert "or D's developmental immaturity" |
| 157 | Page 27, line 22, leave out from "conduct" to end of line 23 |
| 157A | Page 27, line 31, after "another" insert "("V")" |
| 157B | Page 27, line 32, after "D" insert "or V" |
| 158 | Page 27, line 33, after "functioning" insert "or developmental immaturity" |
| 159 | Page 27, leave out line 34 |
| 159A | Page 27, line 34, at end insert "suffered by D or the deceased" |
| 160 | Page 28, leave out lines 3 to 5 |
| 161 | Insert the following new Clause— |
| | "Diminished responsibility: children |
| | Section 34 of the Crime and Disorder Act 1998 (c. 37) (abolition of rebuttable presumption that a child is doli incapax) is repealed." |
| 162 | Insert the following new Clause— |
| | "Partial defence to attempted murder: diminished responsibility |
| | After section 4 of the Criminal Attempts Act 1981 (c. 47) (trial and penalties), insert— |
| "4A | Partial defence to attempted murder: diminished responsibility |
| (1) | A person ("D") who attempts to kill or is a party to the attempted killing of another is not to be convicted of attempted murder if D was suffering from an abnormality of mental functioning which— |
| (a) | arose from a recognised medical condition, |
| (b) | substantially impaired D's ability to do one or more of the things mentioned in subsection (2), and |
| (c) | provides an explanation for D's acts and omissions in doing or being a party to the attempted killing. |
| (a) | to understand the nature of D's conduct; |
| (b) | to form a rational judgment; |
| (c) | to exercise self-control. |
| (3) | For the purposes of subsection (1)(c), an abnormality of mental functioning provides an explanation for D's conduct if it causes, or is a significant contributory factor in causing, D to carry out that conduct. |
| (4) | On a charge of attempted murder, it shall be for the defence to prove that the person charged is by virtue of this section not liable to be convicted of attempted murder. |
| (5) | The fact that one party to an attempted killing is by virtue of this section not liable to be convicted of attempted murder shall not affect the question whether the attempted killing amounted to attempted murder in the case of any party to it."" |
| 163 | Page 28, line 16, leave out paragraphs (a) and (b) |
| 163A | Page 28, line 17, at end insert "caused by gross provocation" |
| 164 | Page 28, line 22, leave out subsection (2) |
| 164A | Page 28, line 28, leave out "considered" |
| 165 | Page 28, line 29, leave out subsection (5) |
| 165A | Page 28, line 29, after "adduced" insert "by the defendant, whether or not deliberately or, if adduced by another, relied upon by the defendant," |
| 166 | Page 28, line 33, leave out "(5)" and insert "(1)" |
| 167 | Leave out Clause 44 and insert the following new Clause— |
| | "Partial defence to murder: provocation and fear |
| | Partial defence to murder: provocation and fear |
| (1) | An unlawful killing that would otherwise be murder shall be manslaughter if— |
| (a) | the defendant (D) acted in response to— |
| (i) | provocation (meaning words or conduct or a combination of words and conduct which caused D to have a justifiable sense of being seriously wronged); or |
| (ii) | fear of serious violence towards D or another; or |
| (iii) | a combination of sub-paragraphs (i) and (ii); and |
| (b) | a person of D's age and of ordinary temperament (meaning his or her capacity for tolerance and self-restraint) might in the circumstances of D have acted in the same or a similar way. |
| (2) | In deciding whether a person of ordinary temperament might in the circumstances of D have acted in the same or a similar way, the jury shall take into account all the circumstances, other than those which bear only on D's temperament generally. |
| (3) | The partial defence shall not apply where— |
| (a) | the provocation was incited by D for the purpose of providing an excuse to use violence; or |
| (b) | D acted in a considered desire for revenge. |
| (4) | The partial defence shall not apply where D killed or took part in the killing of another person under duress of threats by a third person. |
| (5) | A judge shall leave the partial defence to the jury if there is evidence on which a reasonable jury, properly directed, could conclude that it might apply, whether or not D has advanced the defence as part of his case. |
| (6) | Where the judge leaves the defence to the jury, the onus is upon the prosecution to disprove it. |
| (7) | The fact that one party to a killing is by virtue of this section not liable to be convicted of murder does not affect the question whether the killing amounted to murder in the case of any other party to it." |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 44 stand part of the Bill. |
| 168 | Page 29, line 5, leave out "from V" |
| 168A | Page 29, line 5, at end insert "(provided that D's fear of serious violence must have been aroused within a period that was in all the circumstances reasonably proximate to the killing of V)" |
| 169 | Page 29, line 8, leave out paragraph (a) |
| 169A | Page 29, line 9, leave out "seriously" |
| 169B | Page 29, line 9, at end insert ", and |
| (c) | was done or said within a period that was in all the circumstances reasonably proximate to the killing of V" |
| 169C | Page 29, line 11, at end insert "so long as they occurred within a period that was in all the circumstances reasonably proximate to the killing of V" |
| 169D | Page 29, line 14, leave out "or said" |
| 169E | Page 29, line 16, leave out "seriously" |
| 169F | Page 29, line 16, leave out "or said" |
| 169G | Page 29, line 17, leave out "or said" |
| 170 | Page 29, line 19, leave out paragraph (c) |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 45 stand part of the Bill. |
| | The above-named Lords give notice of their intention to oppose the Question that Clause 46 stand part of the Bill. |
| 171 | Leave out Clause 47 and insert the following new Clause— |
| | "Infanticide (England and Wales) |
| | Section 1 of the Infanticide Act 1938 (c. 36) (offence of infanticide) is repealed." |
| 172 | Leave out Clause 48 and insert the following new Clause— |
| | "Infanticide (Northern Ireland) |
| | Section 1 of the Infanticide Act (Northern Ireland) 1939 (c. 5) (offence of infanticide) is repealed." |
| 172A | Page 30, line 20, at beginning insert "If the act referred to in subsection (1) is an act capable of encouraging suicide," |
| | LORD FALCONER OF THOROTON |
| | LORD LESTER OF HERNE HILL |
| | BARONESS JAY OF PADDINGTON |
| 173 | Insert the following new Clause— |
| | "Acts not capable of encouraging or assisting suicide |
| (1) | An act by an individual ("D") is not to be treated as capable of encouraging or assisting the suicide or attempted suicide of another adult ("T") if— |
| (a) | the act is done solely or principally for the purpose of enabling or assisting T to travel to a country or territory in which assisted dying is lawful; |
| (b) | prior to the act, two registered medical practitioners, independent of each other, have certified that they are of the opinion in good faith that T is terminally ill and has the capacity to make the declaration under subsection (2); and |
| (c) | prior to the act, T has made a declaration under subsection (2). |
| (2) | A declaration by T is made under this subsection if the declaration— |
| (a) | is made freely in writing and is signed by T (or is otherwise recorded and authenticated if T is incapable of signing it), |
| (i) | has read or been informed of the contents of the certificates under subsection (1)(b), and |
| (ii) | has decided to travel to a country or territory falling within subsection (1)(a) for the purpose of obtaining assistance in dying, and |
| (c) | is witnessed by an independent witness chosen by T. |
| (3) | "Independent witness" means a person who is not— |
| (a) | likely to obtain any benefit from the death of T; or |
| (b) | a close relative or friend of T; or |
| (c) | involved in caring for T. |
| (4) | D is not to be treated as having done an act capable of encouraging or assisting the suicide or attempted suicide of T by virtue of being with T when, in a country or territory falling within subsection (1)(a), T takes steps (including steps taken with the assistance of D) to commit suicide by lawful means." |
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