Prison Reform Trust responds to Law Commission’s homicide law review

The Prison Reform Trust has submitted to the Law Commission’s call for evidence on reviewing the law relating to homicide offences. Drawing on extensive quantitative and qualitative evidence our submission supports the proposed three-tier model in principle, but with concerns about its implementation in practice, which should be thoroughly explored and tested in order to avoid unintended consequences. This model would introduce a clearer distinction between first-degree murder, second-degree murder, and manslaughter—better reflecting levels of culpability and offering a more proportionate framework for homicide sentencing. We highlight the opportunity to address injustices in current law—particularly for women, children, young adults, and racially minoritised groups—and to reset the inflationary trajectory of minimum terms, which has had a profound impact on the prison population; both in number, and in departing from the purposes of sentencing, leading to more people doing more time with less purpose.

However, we caution that without careful safeguards, the model could have unintended consequences, as so much sentencing law has in the past without proper scrutiny of what happens post-conviction. In particular, we raise concerns about the risks of expanded use of discretionary life sentences and the risk of sentence inflation for offences currently classified as manslaughter. Our evidence shows that the real-world effects of homicide sentencing—especially post-conviction processes such as parole and recall—must be considered to ensure reforms are effective, proportionate, and just.

Our submission draws on official data, the independent Making Sense of Sentencing review, and consultations with long-term prisoners through our Building Futures programme, as well as broader research on prisoners’ experiences. We argue that prisoners’ perspectives offer valuable insight into the moral coherence and practical impact of sentencing. We urge the commission to test reforms against lived experience, penal outcomes, and sentence management realities to ensure that any changes to homicide law deliver meaningful and equitable justice.