Professor John Mee:

It should be in legislation. We need legislation that says that to clarify the situation for families and reduce the chances of the killer bringing an action. A killer can always initiate some vexatious action, but if it is written in black and white, the chances of that are reduced. To be fair, it has already been established in the Cawley v. Lillis case. It is clearer if it is all laid out in terms of procedures and something which says that the killer is liable for costs. That is the advantage of legislation. It allows us, as far as the law permits, to set it all out. There would still have to be a certain element of flexibility but no discretion.