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Coroners and Justice Bill

56: Before Clause 46, insert the following new Clause— "Murder: extenuating circumstances (1) In a trial for murder the trial judge may in the course of his summing up direct the jury that if they are satisfied that the defendant is guilty of murder, but are of the opinion that there were extenuating circumstances, they may on returning their verdict add a rider to that effect. (2) The judge may not give such a direction unless there is evidence on which a reasonable jury might so find. (3) Where the jury has so found, the judge shall not be obliged to pass a sentence of life imprisonment but may pass such other sentence as he considers appropriate having regard to any extenuating circumstances found by the jury. (4) If the judge passes a sentence other than a sentence of life imprisonment, he shall be obliged to state his reasons. (5) If it appears to the Attorney General that the sentence so passed is unduly lenient he may refer it to the Court of Appeal under section 36 of the Criminal Justice Act 1988 (c. 33) (reviews of sentencing)."