Homicide Act 1957

Summary

The Homicide Act 1957 is the principal statutory reform of the law of murder and manslaughter in England and Wales, enacted following the Royal Commission on Capital Punishment (1953) and growing unease about the mandatory death penalty. The Act made three significant reforms to the common law of homicide. First, it abolished the doctrine of constructive malice — the rule that killing in the course of a felony automatically constituted murder regardless of intent (s.1). Second, it introduced diminished responsibility as a partial defence to murder, reducing the offence to manslaughter where the defendant was suffering from such abnormality of mind as substantially impaired their mental responsibility (s.2 — later substantially amended by the Coroners and Justice Act 2009). Third, it codified and modified the defence of provocation (s.3 — replaced by loss of control in 2009). The Act also provided that where two persons enter a suicide pact and one kills the other, the survivor commits manslaughter, not murder (s.4). The death penalty for murder was abolished by the Murder (Abolition of Death Penalty) Act 1965. The partial defences of diminished responsibility (as reformed in 2009) and loss of control (which replaced provocation) are the principal surviving provisions. The Act has been repeatedly reviewed by the Law Commission, which published comprehensive reports in 2004 and 2006 recommending a tiered murder/manslaughter structure that has not yet been enacted.

Key Points

• Section 1: abolished constructive malice — the rule that killing in the course or furtherance of a felony constituted murder regardless of the defendant's intent to kill or cause grievous bodily harm
• Section 2 (as amended by s.52 Coroners and Justice Act 2009): diminished responsibility partial defence — where the defendant was suffering from an abnormality of mental functioning arising from a recognised medical condition that substantially impaired their ability to understand their conduct, form a rational judgment, or exercise self-control, and the abnormality provides an explanation for their acts; verdict: manslaughter
• Section 3 (now repealed by CJA 2009): provocation partial defence — provided that the jury should determine whether the provocation was enough to make a reasonable man do as the defendant did, taking into account everything said and done; replaced by loss of control under ss.54-56 CJA 2009
• Section 4: suicide pact — where two persons in pursuance of a settled intention to kill themselves together, one kills the other, the survivor is guilty of manslaughter, not murder; the burden is on the defendant to prove the suicide pact on a balance of probabilities
• Sections 5-6 (now mostly repealed): originally created categories of 'capital murder' (murder of a police officer, murder during theft, murder by shooting, murder to resist arrest, multiple murder) carrying the death penalty; fully superseded by the Murder (Abolition of Death Penalty) Act 1965

Parts & Sections

Amendments History

Frequently asked questions

What did the Homicide Act 1957 change about killing someone during a crime?

The Homicide Act 1957 abolished the doctrine of constructive malice. Previously, killing someone while committing a felony was automatically considered murder, regardless of intent. Under Section 1, such a killing is now only murder if the defendant had the specific malice aforethought required for a standard murder charge. This change ensures that intent to kill or cause grievous bodily harm is a necessary element for a murder conviction in these circumstances.

How does the defence of diminished responsibility work under the Act?

Diminished responsibility is a partial defence that reduces a murder charge to voluntary manslaughter. Under the Act, as amended in 2009, the defendant must prove they suffered from an abnormality of mental functioning arising from a recognised medical condition. This condition must have substantially impaired their ability to understand their conduct, form a rational judgment, or exercise self-control, and it must provide an explanation for their actions. The burden of proof lies with the defendant.

What is the legal outcome if someone kills their partner under a suicide pact?

Section 4 of the Act states that if two people enter a suicide pact with a settled intention to kill themselves together, and one kills the other, the survivor is guilty of manslaughter rather than murder. The defendant bears the burden of proving that a suicide pact existed on a balance of probabilities. This provision specifically addresses the legal status of the survivor in such tragic circumstances, distinguishing it from standard homicide offences.

Is the defence of provocation still available under the Homicide Act 1957?

The original defence of provocation under Section 3 was repealed and replaced by the defence of loss of control in 2009. The new defence, introduced by the Coroners and Justice Act 2009, requires a qualifying trigger, such as fear of serious violence or circumstances of an extremely grave character. It also requires that a person of the same sex and age might have reacted similarly. This replaced the older 'reasonable man' test used for provocation.

Did the Homicide Act 1957 introduce the death penalty for certain types of murder?

The Homicide Act 1957 originally introduced categories of 'capital murder' that carried the death penalty, including murder of a police officer or murder during theft. However, these provisions were superseded when the death penalty for murder was abolished by the Murder (Abolition of Death Penalty) Act 1965. Consequently, the mandatory sentence for all murder convictions in England and Wales is now life imprisonment, and the capital murder categories no longer have legal significance.