Consultation proposes First-degree murder, Second-degree murder and new homicide offences
The Law Commission has published a consultation paper proposing significant reforms to homicide offences in England and Wales, including dividing murder into two separate offences and creating a new three-tier structure for homicide. Published on 17 June 2026, the proposals form the first strand of the Commission’s wider homicide review. Further work on defences and the sentencing framework for murder is expected to follow.
Under the proposals, the current two-tier structure of murder and manslaughter would be replaced with a three-tier framework consisting of first-degree murder, second-degree murder and manslaughter. First-degree murder would apply where a defendant killed with the intention to kill. It would continue to carry a mandatory life sentence. Second-degree murder would apply where a defendant killed with the intention to cause serious injury. The offence would carry a maximum sentence of life imprisonment, with sentencing left to judicial discretion.
The Law Commission said the proposed distinction would more accurately reflect differing levels of culpability and address longstanding criticism that the current law does not adequately distinguish between different intentions behind unlawful killings. The consultation also proposes a new verdict of “murder with a partial defence”.
Under the current law, a defendant who kills with the intent to kill but successfully relies on a partial defence, such as loss of control or diminished responsibility, is convicted of manslaughter. Under the proposed reform, juries would instead be able to return a verdict of murder with a partial defence. The offence would carry a maximum sentence of life imprisonment.
The Commission is also proposing reforms to manslaughter offences. A defendant who was aware of a risk of causing death or serious injury and unreasonably took that risk would be guilty of reckless manslaughter. For unlawful, dangerous act manslaughter, prosecutors would be required to prove that a defendant intended to cause some injury or was reckless as to whether injury was caused.
The consultation further proposes replacing the current test for gross negligence manslaughter with a requirement that the defendant’s conduct was exceptionally poor and fell far below what could reasonably be expected in the circumstances. The review also seeks views on whether a bespoke homicide offence should be created for controlling or coercive behaviour in an intimate or family relationship where that abuse contributes to a victim’s suicide.
Other issues covered by the consultation include infanticide, unlawful drug supply resulting in death, failures to seek medical assistance and so-called mercy killings. The Law Commission is not proposing reforms to the general law of complicity, sometimes known as joint enterprise liability, although it says the proposed homicide structure could allow a clearer distinction between the culpability of principal offenders and accessories in some cases.
Professor Penney Lewis, Commissioner for Criminal Law, said the review provides an opportunity to modernise homicide law and create a framework that more accurately reflects levels of culpability. The public consultation will run until 30 September 2026, with the Commission aiming to publish its final report in 2028.