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The Homicide Act 1957 (5 & 6 Eliz.2 c.11) is an Act of the Parliament of the United Kingdom. It was enacted as a partial reform of the common law offence of murder in English law by abolishing the doctrine of constructive malice (except in limited circumstances), reforming the partial defence of provocation, and by introducing the partial defences of diminished responsibility and suicide pact. It restricted the use of the death penalty for murder. Similar provisions to Part I of this Act was enacted for Northern Ireland by Part II of the Criminal Justice Act (Northern Ireland) 1966. ==History== The Act was introduced following the Royal Commission on Capital Punishment 1949–53, and embodied some of its recommendations but differed from the main recommendation which was that "it is impracticable to find a satisfactory method of limiting the scope of capital punishment by dividing murder into degrees".〔"Royal Commission on Capital Punishment 1949–53" Cmd. 8932, p. 278 para 41.〕 During and after the Royal Commission there had been several controversial cases, including that of Derek Bentley in 1953 where a 19-year-old defendant was hanged for a murder committed by his 16-year-old co-defendant. (Bentley's conviction was found to be unsafe by the Court of Appeal in 1998)〔(Link to judgement ).〕 The hanging of Ruth Ellis in 1955 had also caused considerable unease with the system of capital punishment; Ellis had a strong potential defence of diminished responsibility, but the law did not provide for such a defence to a charge of murder.〔On this paragraph in general see James B. Christoph, "Capital Punishment and British Politics" (George Allen & Unwin Ltd, London, 1962), chapters 4 and 5, pp 96-125.〕 In November 1955, after Home Secretary Gwilym Lloyd George announced the government's rejection of some of the Royal Commission's proposals, veteran MP Sydney Silverman introduced a Bill to abolish capital punishment. The Conservative government avoided a vote on it (which would have shown Conservative MPs to be divided),〔James B. Christoph, "Capital Punishment and British Politics" (George Allen & Unwin Ltd, London, 1962), pp 127-129.〕 but a debate was held in February 1956 on a government motion and resulted in an abolitionist amendment being carried by 293 to 262.〔(HC Deb 5 ser vol 548 cc2536-655 ); James B. Christoph, "Capital Punishment and British Politics" (George Allen & Unwin Ltd, London, 1962), pp. 129-137.〕 Silverman's Bill was then passed by the Commons but vetoed by the House of Lords. In order to mollify the abolitionists, the government then announced it would bring in a reform to the law to curtail the use of capital punishment. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Homicide Act 1957」の詳細全文を読む スポンサード リンク
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