Murder means killing another human intentionally. It is the most serious crime in English law and as such attracts a mandatory ‘life sentence’.

The killing

The offence of murder is best understood by comparing it to manslaughter, a lesser offence. In both offences, an individual causes the death of another human being in some way. Unlike murder, manslaughter does not require that an individual intends to kill a victim.

Murder, however, does require intent to kill or cause grievous bodily harm.

What is ‘intent’?

Intent means a foresight and desire to bring something about i.e the foresight and desire to kill or cause grievous bodily harm.

Defences

Common defences to murder include:

Self-defence

Intentionally killing another person in justified self-defence is not criminal. The prosecution must prove that the act was not committed in self-defence and that the killing was proportionate.

The proportionality of killing is determined according to the facts of each case. The court will consider the time of day, the state of the people involved and much more.

Loss of control

If the killer was not in full control of their actions they cannot have intended to kill the other person and the crime is downgraded to manslaughter. The act can still be criminal but there is no requirement for a mandatory life sentence. This defence is known as a ‘partial’ defence for this reason; it does not completely absolve the individual from the act but lessens the eventual sentence.

Loss of control includes being ‘seriously wronged’ but this does not extend to a relationship breakdown.

Diminished responsibility

If the accused was suffering from a recognised medical condition which impaired their ability to rationally understand their conduct or exercise self control, they may be able to argue that they did not intend to kill. The offence would therefore be downgraded to manslaughter.

The defendant must establish diminished responsibility, usually with a report from an expert.

What is a ‘mandatory life sentence’?

If an individual is convicted of one or more murders, the court must pass a sentence for life. However, this does not mean that the individual will spend the rest of their life in a prison (though they sometimes do). Instead, the court will specify a minimum number of years for the murderer to serve in prison and for the rest of the sentence to be served ‘in the community’ (meaning outside the prison) on ‘license’.

What does ‘on license’ mean?

When a prisoner is out of a prison establishment on license, they are technically still serving their sentence. They will be handled by probation services and helped to avoid offending in the future. As such, the license has obligations and conditions. These tend to vary from case to case but standard terms include not committing any further offences, not travelling overseas and staying in touch with the allocated probation officer. Breaching these license conditions can see the prisoner recalled to prison to serve more time in custody.

What does it mean if someone is given a ‘Whole Life Order’

When sentencing a murderer, the judge can impose a ‘Whole Life Order’, meaning the convict will spend the rest of their life in custody without license. These orders are granted in only truly exceptional circumstances.

I have been arrested for murder, what do I do?

If you have been arrested for murder, you will be taken to a police station and interviewed under caution. You have a right to free legal representation at the police station and will be offered a ‘duty’ solicitor but you can ask for a different one. You may, at this point, ask for ABV Solicitors.

If charged, you will then appear before the magistrates court to answer the charge. You do not have a right to bail if charged with murder.

Even if you have been invited to a ‘voluntary’ interview in connection with a murder, we recommend you take legal advice to protect your position.

Should you choose us, we will allocate a specialist solicitor with experience defending alleged murders. With a conviction for murder carrying a life sentence, instructing an experienced professional to organise your defence is very important.

If your case is already under way, or you do not have confidence in your current legal representatives, it is not too late to instruct us. Call ABV Solicitors on 0344 587 9996 to speak to one of our expert lawyers or visit our website at www.abvsolicitors.co.uk.