Domestic Abuse: Defence for Victims who Commit an Offence

Lord West of Spithead Excerpts

Tuesday 21st February 2023 Lords Chamber

[Lord Bellamy (Con)]

My Lords, I am conscious of the emotion and the difficulties and severe situations that many have experienced with this issue. The underlying question here, which I do not think we can really discuss in detail today, is whether some enhanced form of self-defence is an absolute defence to a homicide case, or whether the available partial defences of manslaughter, voluntary manslaughter, diminished responsibility, loss of control et cetera are sufficient—and where the balance should be. That is a very difficult question.

[Lord West of Spithead (Lab)]

My Lords, when I was in the Home Office in 2007, I was appalled and shocked by the level of domestic violence in this country and the huge number of women killed in such incidents. It was not my precise area of responsibility but I did ask what was being done. I was told, “We’re making a lot of moves to make things happen”. This was in 2007. It seems that this just goes on and on. As a number of noble Lords have mentioned, we really have to get on with this. It is a most dreadful thing within our society.

[Lord Bellamy (Con)]

My Lords, I too am appalled and shocked by the existing situation. But I submit that we are making quite good progress with the 2021 Act, the Home Office review and much greater awareness among the police, the CPS and the judiciary. We are also working with women in prison on these various issues.