How satisfactory is the law on voluntary manslaughter?
Voluntary manslaughter, as established by the Homicide Act 1957, is determined by three sections: diminished responsibility, provocation, and suicide pact.
Diminished responsibility is established by Section 2 of the Homicide Act. It may be used as a defence to murder if the defendant can prove an abnormality of the mind (if, for example, the defendant is an alcoholic, or has a mental condition as in R v Byrne, where the defendant had uncontrollable sexual desires.) The defence is that the defendant does not have the necessary control over their actions, when compared to a reasonable person.
Diminished responsibility has been criticised for a number of reasons:
- The very term ‘Diminished responsibility’ has been criticised by authorities such as the Butler Committee, who say that it is ‘not a medical fact relating to the accused’. It was suggested by them that ‘ a person should not be convicted of murder if there is medical or other evidence that they were suffering from a form of mental disorder’. The criminal law committee agreed with this, but were not happy with the wording, suggesting that instead it should be: