Search

This contribution is a sequel to an earlier paper in the journal by the second author. It examines the Government's remit to the Law Commission to suggest revision to the law relating to homicide, and the eventual somewhat muted implementation in the Coroners and Justice Act of 2009. These changes to the law of homicide, and more specifically the revisions to the partial defences of diminished responsibility and provocation, are critically reviewed, and are discussed in light of the future of homicide law reform. It is argued that more radical reform to the substantive law of homicide is needed, but this article also discusses the problems of implementing this more radical reform given the Government's reluctance to remove the mandatory life sentence for murder.

Over a decade ago the present author presented some comments on homicide inquiries in this journal. Since then there have been a number of important developments, including the increase in the number of such inquiries and changes in their constitution and functions. A somewhat neglected area has been soliciting the views of those who chair such inquiries. The present contribution endeavours to remedy this deficiency.

The publication of the Law Commission's Consultation Paper and final proposals for the reform of homicide legislation has prompted the author to review some clinical and legal aspects of homicidal behaviour. It is suggested that the complexities of this behaviour are not well served under current legal provisions.

The development of the concept, causes and management of severe (psychopathic) personality disorder is reviewed against the current background of government concern about the activities of a small group of individuals alleged to be showing the disorder to a dangerous degree. The authors acknowledge the problems involved in 'labelling' the disorder. The term psychopathic has a somewhat chequered history. It did not enter U.K. legislation until the Mental Health Act 1959. To this extent, it is a legal term and does not equate to any exact degree with the clinical descriptions currently in use. However, the term 'psychopathic disorder' will be used as a kind of shorthand for variants in everyday use. It is important to note that in this contribution we are only considering those 'psychopaths' who have come to the attention of the criminal justice and mental health systems. There are also 'psychopaths' who, for a variety of reasons, have not come to official attention and a recent contribution by Board and Fritzon (2005) highlights some interesting common characteristics in business managers and a sample of forensic patients detained in high security establishments.

Two earlier contributions to this journal on the topic of 'dangerous behaviour' are updated in the light of recent theoretical and practical developments in the assessment and management of risk in criminal justice and psychiatry. Such assessment and management need to be viewed against the background of current over-preoccupation with avoiding the hazards of daily living.