DPP backs 'second degree murder' charge

Keir Starmer QC, the DPP, has said he backs the introduction of a US-style second degree murder charge.

The move was proposed by his predecessor, Sir Ken Macdonald, and is said to be favoured by justice secretary Ken Clarke. The Law Commission recommended the introduction of different categories of murder in 2006, but the Labour government decided not to change the law.

The aim would be to limit first degree murder charges to those who intended to kill, and allow those intending to cause only GBH to be charged with second degree murder.

First degree murder would continue to carry a mandatory life sentence, but this would not be applied to second degree murder or manslaughter.

Confirmation that the current DPP supported change came after the BBC contacted the CPS in the context of a trial next year where 20 defendants are charged with a gang murder.

Under the law of joint enterprise, a person can be convicted for murder if they were involved in a criminal enterprise and if they knew that someone in a group might kill or cause GBH.

'It is not just a question of people who are not guilty being convicted, there is a risk that people who are guilty will be acquitted of murder,' Sir Ken told Radio Four this morning.

He said the law should be fair, firm and explicable. 'I don't think that we are presently achieving those qualities in our homicide law.'

Ian Harris, a criminal law barrister at Exchange Chambers in Manchester, said he favoured the 'second degree murder' approach.

'It would enable the prosecution to set out with a degree of certainty roles they ascribe to different defendants that reflect the respective dangers of criminality and responsibility for the death,' he said.

'The jury, the defendants and the general public would then know precisely the case against a defendant without struggling with the concept of joint enterprise.'

Harris said a consultation with all the agencies involved would be important before the law was changed.