The Sentencing Advisory Panel has today issued another in its series of consultation papers on important issues about sentencing in criminal cases.

This paper looks at sentencing where provocation reduces a charge of murder to a conviction for manslaughter, particularly where the offence arises in a domestic context. The consultation comes at a time when the substantive law of partial and complete defences to murder is also under review and when domestic violence and the effect and consequences that it holds for both victims and offenders is being publicly debated and considered.

The Panel has identified elements to be considered and balanced by the sentencer and how they and their impact vary between cases committed in domestic and non-domestic circumstances. Three gradations of manslaughter by reason of provocation are proposed reflecting the Panel's view that the level of provocation in an individual case and the timeframe over which it occurs should be the principal factor in determining the appropriate sentencing range.

There are 15 questions for consideration and the Panel is keen to receive views particularly as to the circumstances that might make the imposition of a non-custodial sentence appropriate.

RESPONSES TO THE CONSULTATION PAPER SHOULD BE RECEIVED BY FRIDAY 11TH JUNE 2004

Notes for editors

1. The Sentencing Advisory Panel is an independent advisory and consultative body constituted under sections 80 and 81 of the Crime and Disorder Act 1998. The Panel is sponsored by the Home Office and the Department for Constitutional Affairs. It started work on 1 July 1999. Its function, prior to implementation of the relevant provisions in the Criminal Justice Act 2003, was to provide fully researched, objective advice to the Court of Appeal to assist the Court when it frames or revises sentencing guidelines.

2. The Criminal Justice Act 2003 establishes a new Sentencing Guidelines Council to take over responsibility for issuing sentencing guidelines. With effect from 27 February 2004 the Sentencing Advisory Panel will submit its advice to the Council rather than to the Court of Appeal. The Panel will be able to offer advice on general sentencing principles as well as specific offences.

3. The Panel's most recent proposal, that the Court of Appeal should frame a sentencing guideline on alcohol and tobacco smuggling, was published on 10th July 2003. The Court of Appeal issued a sentencing guideline, based on the Panel's advice, in the case of Czyzewski and others on 16th July 2003. In the last year, the Court of Appeal has also made use of the Panel's advice in guideline judgments on causing death by dangerous driving (in Cooksley and others on 3 April 2003); offences involving child pornography (in Oliver and others, 21 November 2002); on rape (in Millberry and others, 9 December 2002); and on domestic burglary (in McInerney and Keating, 20 December 2002).

4. Copies of the consultation paper may be obtained from: Gareth Sweny, Sentencing Guidelines Secretariat, Room G11, Allington Towers, 19 Allington Street, London SW1E 5EB. The document is also available on the Panel's website: www.sentencing-advisory-panel.gov.uk

5. For more information, contact Kevin McCormac, Head of the Secretariat on 020 7035 5156.