Law Reform (Year and a Day Rule) Act 1996
Encyclopedia
The Law Reform Act 1996 is a short Act of Parliament
which abolished the year and a day rule
in English law
.
The year and a day rule was an ancient rule of the common law
which created a conclusive presumption
that a death
was not murder
(or any other form of homicide
) if it occurred more than a year and a day since the act (or omission) that was alleged to have been its cause. The precise scope of the rule was unclear. As Lord Dormand said on second reading in the House of Lords
, "it certainly applies to murder, manslaughter
, infanticide
and aiding and abetting suicide. It may also apply to motoring offences in which death is an element: causing death by dangerous driving; causing death by reckless driving while under the influence of drink or drugs; and aggravated vehicle taking causing death."
The Act has only three sections. Section 1 simply says:
The remaining two sections provide that a prosecution where a death occurs more than three years after an injury, or where the accused was previously convicted of an offence committed in circumstances connected with the death (for example, a previous conviction for grievous bodily harm
), can be instituted only with the consent of the Attorney General
.
The Act started as a private member's bill
introduced by Doug Hoyle MP, who came 16th in the ballot in the 1995/6 Parliamentary session. The Act received Royal Assent
on 17 June 1996, and the abolition of the year and a day rule came into effect for acts (or omissions) leading to death on that day.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
which abolished the year and a day rule
Year and a day rule
The year and a day rule has been a common traditional length of time for establishing differences in legal status. The phrase "year and a day rule" is most commonly associated with the former common law standard that death could not be legally attributed to acts or omissions that occurred more...
in English law
English law
English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...
.
The year and a day rule was an ancient rule of the common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
which created a conclusive presumption
Conclusive presumption
A conclusive presumption is a type of presumption used in several legal systems.-England and Wales:...
that a death
Death
Death is the permanent termination of the biological functions that sustain a living organism. Phenomena which commonly bring about death include old age, predation, malnutrition, disease, and accidents or trauma resulting in terminal injury....
was not murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
(or any other form of homicide
Homicide
Homicide refers to the act of a human killing another human. Murder, for example, is a type of homicide. It can also describe a person who has committed such an act, though this use is rare in modern English...
) if it occurred more than a year and a day since the act (or omission) that was alleged to have been its cause. The precise scope of the rule was unclear. As Lord Dormand said on second reading in the House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
, "it certainly applies to murder, manslaughter
Manslaughter
Manslaughter is a legal term for the killing of a human being, in a manner considered by law as less culpable than murder. The distinction between murder and manslaughter is said to have first been made by the Ancient Athenian lawmaker Dracon in the 7th century BC.The law generally differentiates...
, infanticide
Infanticide
Infanticide or infant homicide is the killing of a human infant. Neonaticide, a killing within 24 hours of a baby's birth, is most commonly done by the mother.In many past societies, certain forms of infanticide were considered permissible...
and aiding and abetting suicide. It may also apply to motoring offences in which death is an element: causing death by dangerous driving; causing death by reckless driving while under the influence of drink or drugs; and aggravated vehicle taking causing death."
The Act has only three sections. Section 1 simply says:
- The rule known as the "year and a day rule" (that is, the rule that, for the purposes of offences involving death and of suicide, an act or omission is conclusively presumed not to have caused a person's death if more than a year and a day elapsed before he died) is abolished for all purposes.
The remaining two sections provide that a prosecution where a death occurs more than three years after an injury, or where the accused was previously convicted of an offence committed in circumstances connected with the death (for example, a previous conviction for grievous bodily harm
Grievous bodily harm
Grievous bodily harm is a term of art used in English criminal law which has become synonymous with the offences that are created by sections 18 and 20 of the Offences against the Person Act 1861....
), can be instituted only with the consent of the Attorney General
Attorney General
In most common law jurisdictions, the attorney general, or attorney-general, is the main legal advisor to the government, and in some jurisdictions he or she may also have executive responsibility for law enforcement or responsibility for public prosecutions.The term is used to refer to any person...
.
The Act started as a private member's bill
Private Member's Bill
A member of parliament’s legislative motion, called a private member's bill or a member's bill in some parliaments, is a proposed law introduced by a member of a legislature. In most countries with a parliamentary system, most bills are proposed by the government, not by individual members of the...
introduced by Doug Hoyle MP, who came 16th in the ballot in the 1995/6 Parliamentary session. The Act received Royal Assent
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
on 17 June 1996, and the abolition of the year and a day rule came into effect for acts (or omissions) leading to death on that day.