SNP to scrap ‘crime of passion’ defence in murder cases

The SNP is pledging to reform Scotland’s homicide laws to abolish the “outdated” defence where killers claim they have committed a “crime of passion”.

Justice Secretary Angela Constance vowed her party would act on the issue if it wins the May 7 Holyrood election.

It comes in the wake of pleas from the Scottish Law Commission for reforms to prevent murder accused from using such a defence when they kill their partner.

A paper from the Commission last year called for the abolition of the sexual infidelity defence.

Under the law as it stands, a person can claim they lost control upon discovering a partner’s sexual infidelity, with this potentially allowing a murder charge to be reduced to the lesser charge of culpable homicide.

Ms Constance said: “The ‘crime of passion’ defence is outdated and it’s absolutely right we strengthen our homicide laws to get rid of it.”

She vowed the SNP will “reform and modernise current laws so people can’t use an in effect defence of infidelity provocation to allow juries to find them guilty of the lesser charge of culpable homicide”.

The Justice Secretary continued: “Victims must be at the heart of our justice system and by ending the ‘crime of passion’ defence, we will ensure exactly that.

“If re-elected, this SNP manifesto commitment will ensure Scotland’s justice system is modernised and strengthened.”