COULD I GET A SUSPENDED SENTENCE FOR MURDER?

Being accused of murder is one of the most serious and distressing experiences anyone can face. The gravity of the allegation, the potential consequences, and the emotional impact can be overwhelming. You may be unsure of what the law requires, what sentence could be imposed, and whether there is any possibility of receiving a suspended sentence rather than going to prison. This article provides a clear explanation of the offence of murder, how sentencing works in England and Wales, whether a suspended sentence is ever possible, and what steps you can take to improve your position at court.

What is murder?

Murder is a common law offence, and its definition has remained consistent for centuries. A person commits murder if they unlawfully kill another human being with intent to kill or intent to cause grievous bodily harm. The act must be unlawful, meaning it is not justified by self-defence or other lawful excuse. The mental element – known as “malice aforethought” – does not require premeditation – it simply requires the intention to cause death or really serious injury.

Murder can occur in a variety of circumstances. Some cases involve planned attacks, while others arise from sudden violence or heated disputes. Murder may result from the use of weapons, repeated blows, deliberate targeting, or even a single punch if the intent to cause serious harm is established. It may also occur where someone’s actions are so dangerous that they must have intended serious harm.

Examples include stabbing or shooting someone with lethal force, inflicting repeated blows to vital areas, striking someone with a vehicle intending to cause serious harm, or delivering an attack that clearly demonstrates an intention to cause grievous bodily harm.

The intention element distinguishes murder from manslaughter. Manslaughter applies where there is no intent to kill or cause serious harm, such as in cases of negligence, loss of control, diminished responsibility, or unlawful act manslaughter. Murder, by contrast, requires proof of intent to kill or seriously harm.

What are the usual sentences for murder?

Murder carries a mandatory sentence of life imprisonment. This means that every adult convicted of murder must receive a life sentence. The court then sets a “minimum term” that must be served before the defendant may be considered for release by the Parole Board.

The minimum term depends on the seriousness of the offence. The Sentencing Council issues guidelines for murder that set starting points for the minimum term.

• The whole life order is reserved for the most serious cases, such as serial murders, killings involving torture, or murders committed by those already convicted of murder.
• A 30-year starting point applies to murders involving firearms, explosives, or killings done for gain or to obstruct justice.
• A 25-year starting point applies where a weapon was taken to the scene with intent to cause harm.
• A 15-year starting point applies to other adult murders, including many cases where the defendant did not bring a weapon to the scene but used one found at the location or used significant force without premeditation.

These are starting points only. Aggravating and mitigating factors adjust the final minimum term. Aggravating factors include targeting vulnerable victims, sustained attacks, planning, sadistic behaviour, or killings related to criminal activity. Mitigating factors include lack of premeditation, mental health issues, provocation, attempts to assist the victim, or genuine remorse.

The minimum term does not represent the total length of time a person will spend on a life sentence. If released after serving the minimum term, the individual remains on licence for the rest of their life.

What is a suspended sentence and how does it work?

A suspended sentence is a custodial sentence that the court imposes but suspends for a set period. It allows the defendant to remain in the community under strict conditions. A suspended sentence can only be imposed where the custodial term is two years or less. Conditions attached to a suspended sentence can include unpaid work, rehabilitation activity requirements, curfews, exclusion zones, treatment programmes, or supervision by probation.

If the defendant complies with the conditions and commits no new offences during the suspension period, the custodial sentence is not activated. If they breach the conditions or commit further offences, the court will usually activate the suspended sentence and require the defendant to serve it in custody.

Suspended sentences are used for offences where custody is appropriate, but the court believes the defendant can safely be managed in the community.

Can murder result in a suspended sentence?

No. A suspended sentence for murder is legally impossible. There are several reasons for this.

• Murder carries a mandatory life sentence, which cannot be suspended.
• A suspended sentence can only apply to custodial terms of two years or less, and murder always attracts a sentence far exceeding that threshold.
• The law requires that all adults convicted of murder receive a life sentence.
• There is no discretion for the court to impose a community-based penalty.
• There is overwhelming public interest in imposing immediate custody in murder cases.

No exceptions exist in statute or case law allowing murder to be punished with a suspended sentence.

Because the life sentence is mandatory, the court has no power to suspend the sentence even if extraordinary mitigating circumstances exist. In cases involving diminished responsibility or loss of control, the charge may be reduced to manslaughter, but this requires evidence meeting specific legal criteria. Murder itself cannot receive a suspended sentence under any circumstances.

What factors do courts consider when deciding on a sentence for murder?

While a suspended sentence is not possible, courts still assess a wide range of factors when determining the appropriate minimum term.

• Level of planning. Premeditated or carefully organised killings attract longer minimum terms.
• Use of weapons. Bringing a weapon to the scene increases culpability significantly.
• Vulnerability of the victim. Children, elderly adults, or individuals with disabilities increase seriousness.
• Killings for gain, revenge, or to silence witnesses aggravate the offence.
• Degree of violence. Sustained or brutal attacks increase the minimum term.
• Genuine provocation may reduce severity but does not change the life sentence requirement.
• Mental health. Documented psychiatric conditions affecting intent or judgement may reduce the minimum term.
• Attempts to assist the victim. Efforts to seek help or express remorse immediately after the incident may be relevant.
• Age and maturity. Younger defendants may receive lower minimum terms, though the life sentence still applies.
• Lack of previous convictions. A clean record may influence the minimum term but does not alter the mandatory nature of the sentence.

How serious does the offence have to be for a prison sentence for murder?

A prison sentence is always imposed for murder because the law requires it. The mandatory life sentence applies regardless of the circumstances. There is no scenario in which murder does not cross the custody threshold.

Even the least serious murders under the guideline still attract a life sentence with a substantial minimum term. The lowest starting point for an adult is currently 15 years. This applies in cases without significant planning, where the weapon was not brought to the scene, and where there are no major aggravating features.

More serious murders attract higher starting points, such as 25 or 30 years, depending on factors such as intent, weapon use, vulnerability of the victim, or connection to criminal activity.

In the most extreme cases, a whole life order may be imposed, meaning the defendant will never be released from prison.

What can I do to improve my sentence in a murder case?

Although a suspended sentence is not possible, there are steps you can take to influence the length of your minimum term and strengthen your overall position.

• Seek immediate specialist legal representation. Murder cases are complex and require highly skilled defence solicitors.
• Provide a full and honest account to your legal team. Understanding every detail helps lawyers identify defences or mitigating factors.
• Obtain psychological or psychiatric assessments if relevant. Mental health evidence can have a significant impact on the minimum term.
• Demonstrate genuine remorse. Courts recognise remorse when assessing culpability.
• Gather strong character references. These can help show the offence was out of character.
• Consider whether partial defences apply. Loss of control, diminished responsibility, or unlawful act manslaughter may be relevant depending on the evidence.
• Engage in positive behaviour while on remand. This can demonstrate responsibility and potential for rehabilitation.
• Highlight personal circumstances. Caring responsibilities, health issues, or past trauma may influence the court’s assessment.
• Enter a timely guilty plea if appropriate. Although the mandatory life sentence cannot be reduced, the minimum term may be reduced by up to one sixth for an early guilty plea.

Where to get more help

Facing a murder allegation is devastating and life-changing. The legal process is complex, the stakes are high, and expert representation is essential. At Stuart Miller Solicitors, we have extensive experience defending clients in murder cases and understand the immense pressure you and your family may be under. We are committed to fighting your corner and ensuring your rights are protected at every stage. Get in touch today for confidential advice tailored to your situation.

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Farhanzeb Shinwari

08:40 27 Nov 25

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A “A Google user”

20:52 04 Nov 25

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17:38 31 Oct 25

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17:40 28 Oct 25

Exceptional service from Stuart Miller who took on my case really last minute. Savannah and Scarlett both worked on my case; both outstanding, transparent, calming and really open & friendly from the moment I made contact with the firm.

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08:51 23 Oct 25

Very knowledgeable and professional company, recommend to anyone going through hard and worrying times especially those who are awaiting court! Abu kibla has been very helpful and did not leave me disappointed, cheap prices and quality service! Thank you!!!

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17:54 15 Oct 25

This legal firm represented me in court. My lawyer, Ms. Bun-Tejan, she was exceptional in her professionalism, very knowledgeable and provided invaluable assistance. I highly recommend their services.Initially, I was anxious when I arrived at the court.However, Ms. Bun-Tejan’s unwavering dedication and exceptional legal acumen enabled her to achieve an extraordinary outcome. I am deeply grateful for her representation and the positive resolution to my case.Ms Bun-Tejan-the best

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10:10 14 Oct 25

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99 DexterDing

15:42 09 Oct 25

Savannah Loizides is the solicitor that help me go through the video evidence and help me spot the point I missed in the past and help me choose the right barrister Terence Boulter for me and get me acquitted in the trial.

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19:11 01 Oct 25

I would just like to say this firm of solicitors are brilliant and I would recommend to anyone, they are highly professional and efficient. I dealt mainly with Zeb Mohammed who was amazing, his correspondence and communication was exceptionally quick, he was professional whilst understanding, he is very knowledgeable in the area of criminal law and he made me feel very confident that he would achieve the best outcome he could in the case he was handling for me. Overall as firm of solicitors I would highly recommend 👍

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12:21 04 Jul 25

I would just like to take this time once again to say a big thanks to Savannah Loizides. Attentive to detail and thorough in her works and even though she was consumed by great masses of cases her correspondence never failed. Through the complexity of my case no stone was left unturned. I highly commend the intricate work you do.My liberty was exponentially at stake, my mental health was severely challenged but Savannah had always reassured me that our defence is stronger than a fence lol like them prison fences btw not garden ones 😊After 8 day trial we had secure a not guilty verdict and for this I am forever thankful.

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11:57 01 May 25

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09:55 09 Apr 25

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09:53 09 Apr 25

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22:26 07 Apr 25

Top tier, professional solicitors, highly recommend for anyone seeking legal advice/representation. Big thanks to Abu Kibla and his team for representing me.

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17:05 05 Apr 25

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08:25 20 Mar 25

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17:44 04 Mar 25

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12:22 04 Mar 25

Thankyou so much for your service!! Honestly the best solicitors going!! Thankyou to Mr Zeb and Savanah who have been helping me throughout my case!! My prayers are with you all. Thankyou once again!! 🙏🏼❤️

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12:10 21 Feb 25

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19:09 16 Feb 25

Such great solicitors and support network, genuinely the best, cannot thank them enough for what they did for me finding me not guilty. Particularly Anna Sidgwick and my barrister, Matheos Lefteris. I'm eternally grateful and highly recommend them. They gave me compassion, support and were there for me both legally and emotionally throughout the whole case. Thank you

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11:09 11 Feb 25

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13:26 04 Feb 25

Anna was very caring and professionalHer knowledge and advice coupled with a soft speaking approach was excellent.Thank you

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14:25 20 Jan 25

Mr Kibla, whom was a duty solicitor at the time of my visit to one of the courts, was really helpful and did his duty with utmost professionalism, care and consideration. Well done, and thank you!

J N

16:04 09 Jan 25

I have given Stuart Miller a five-star review for their exceptional responsiveness to feedback and their ability to implement immediate solutions to any issues encountered with their service.This is not to suggest that you will always have an outstanding experience with everyone at the firm, but I can highly recommend Kate. She demonstrated the skill set required to be an excellent solicitor and restored my confidence in Stuart Miller enough to warrant a five-star review for the firm.

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23:28 16 Nov 24

These guys are highly professional and down to earth; they listen, support and go all out to help with empathy and passion- Solicitor Kiran is one top notch professionalKeep up the good work

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15:49 12 Nov 24

I recommend Rob he got me a suspended sentence of a 9 weeks sentence on a common assault on an emergency officer much appreciate he was there to communicate at all time when in need and reassured me that we will have a good result in the end as long as I complied hats off to rob and i hope others have a good or better experience working with him as his truly passionate about his workThanks robJahvellDate of experience: November 5th

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11:53 28 Oct 24

My case got sorted out with suspended sentence when a defiant prison sentence expected and they helped me the most they could thankyou kiran and the team for your help highly recommended

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08:30 25 Oct 24

Honestly the best! Helped me so much out with a potential speeding conviction. I’m so glad I came across this company. Can’t fault them at all! So helpful and I’m very grateful for all the advice offered.

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15:43 11 Oct 24

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10:19 30 Sep 24

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N A

14:13 14 Aug 24

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19:53 11 Aug 24

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09:14 10 Aug 24

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17:21 25 Jul 24

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16:59 11 Jul 24

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I actually spoke to one of the solicitors via TikTok when I came across a video they had posted - they were quick to respond and listen to my Case and offer me advice I feel they gave me some piece of mind and will definitely be keeping in touch

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11:59 25 Jun 24

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18:52 11 Jun 24

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264144253

06:44 29 May 24

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17:12 17 May 24

I’m not really sure where to start I been on a roller coaster with my son and his many cases for years now. So Stuart miller solicitors have become like family to me.Nothing I can say on here will ever give the amount of gratitude and and thanks to these guysI want to thank them individually as i have had personal experiences with all 3 of them, Zeb I cannot say thank you enough, you have been there through my darkest days , got me through times when I had very low moral. Your level of expertise and your knowledge of law, are priceless and of course you are a real force to be reckoned with!! Kibla thank you I know I have not been easy at times to deal with but you kept your cool and professional conduct throughout you and Zeb have gone beyond what your duties were with my son cases, I will forever be grateful for your unwavering support in all matters.Savanna words are not enough for you, for your commitment your dedication and hard work youput in is unmeasurable you guys are the best lawyers in london, because you made me feel like my son case mattered and you thought hard to get him the best outcome , with multi counts of A class drug charges knife and handing stolen goodAnd second strike I thought it was game over For my son, he really was looking at many years in prison.Not so with all your expertise and drive and hard work the end result was excellent 4half years to serve half with mitigation this meant he will serve a small amount of time.This was truly a massive shock to me and an excellent result.I cannot recommend Stuert Miller enough these guys are truly worth their weight in law.I wish you guys every success in your firm you truly deserve itYour forever gratefulSouad ghailan

Maciek Rad

13:32 16 May 24

I would just like to thank Mohammed Zeb, for the amazing work he put in at court today. He really helped me understand the matter and how to solve it with such professionalism. I would highly recommend Mohammed to anyone that’s got any ongoing cases.

Sahin akay

11:06 16 May 24

I really appreciate Mr Mohammed Zeb for his support, advice and his strong defence in my case. He’s a great solicitor and I’ll definitely be requesting him if ever need be in the future.

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11:05 16 May 24

Mr zeb is the Best solicitor giving the best legal advice and defence as I was stressing out before speaking to him and when he clued me to what’s happening I stopped stressing as I knew how to deal with the situation. Would recommend to anyone needing advice.

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09:45 14 May 24

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Mannaa Mo

23:16 24 Apr 24

Thank you so much to Mohammed Zeb And Sophie. We was supported in all steps along the way of my little sister’s case. They made us extremely comfortable and sufficiently advised us in every aspect. All of our questions were answered in detail and all information we needed was clearly outlined to us. With the prosecution pushing for jail time, Mr Zeb was able to quickly diffuse the situation in court and get an outcome for us that was much less detrimental. We are so happy that we chose to go with this firm and would recommend Stuart Miller to any and everyone. Thank you again to Mr Zeb and Sophie for all your support, we will never forget it.

Ayesha Akbar

20:24 06 Mar 24

We had an issue with the police raising an incorrect safeguarding issue against our daughter because we used a Complementary Alternative Medicine (CAM) which they disagreed with (wet cupping therapy). The police wanted us to sign a community resolution order admitting that we assaulted our child! We spoke to Mohammed Zeb who swiftly acted to contact experts in our field and his field, along with experts in social services matters and gave us recommendations to challenge the police. Their weak case quickly dissolved into no further action when the police realised that we would not accept a resolution order claiming we assaulted our child.I would strongly recommend Mr Zeb to all and would use nobody but them in the future.

Samanda Jashari

17:06 27 Feb 24

After searching high and low, they are best solicitors in the uk! They truly care about people and are willing to help no matter when. Very honest and realiable!

paula militaru (paula)

15:37 16 Feb 24

Stuart Miller Solicitors are the best !I been searching online for legal aid solicitors, and I find them!Easy with all documents required, and easy with my case too!They been so helpful to me and they give me a positive vibe every single time we meet up for my case !They are amazing and I definitely recommend them 100 % !Thank you so much to both of solicitors who get my case and god bless them forever !

dean morgan

10:14 16 Feb 24

They where very helpful and contact me as soon as the officers writen to them about my bail.

Sophia H

15:27 08 Feb 24

Stuart Millers were great at dealing with a tricky case and managed to get a great outcome. From the first meeting and hearing, Abu Kibla was friendly, knowledgable and very helpful and you can see a genuine care for his clients. Luke Collins did the day to day and was great at preparing clear written representations and dealing with the CPS. Kathleen Joyce attended the final hearing and despite a last minute time change by the court the day before, she was well prepared, presented the case and mitigation arguments perfectly and was very reassuring and comforting throughout the whole day. Professional, responsive and reasonable fees. Would definitely recommend the firm.

Hassan Ali

20:42 07 Feb 24

Unfortunately I got myself into abit of trouble and didn't have a solicitor at the time. When I was in the police station I was asked if I wanted a solicitor and I said yes and I was then put in a cell till I was interviewed. Officer come to my cell to take me to my interview and asked if I wanted to consult with my solicitor I said yes, when we got to the Consultation room Mr Zeb was waiting for me and he ensured me that everything was going to be okay and this case will be solved with no problems at all and he was right I got NFA and the case was dropped that's all thanks to Mr Zeb he was very professional in this field and was intouch with me and kept me updated with everything that was going on. I will definitely use this firm again in future.

Clare Peters

20:48 06 Feb 24

We would like to say thankyou so much for all your hard work and support given not only to my husband through his court case but to myself as well. Extra thanks to Kibla, Sophie,Bobbie and our barrister Faisal Saifee for the great outcome.

Yeliz Akturk

12:36 22 Jan 24

Many people promise to deliver some just talk nonsense on social media platformsThe truth is that your defence team must be on the same level as your thought if you have any chance of winningMy case was difficult complex and very seriousI thank you all at Stuart miller : Mohammed Zeb and Peter had it not been for your care knowledge support I would not be here todayThank you from my family and I

Jamshad Naeem

22:14 20 Jan 24

Words can not do justice to Stuart Miller Solicitors. I am forever grateful to Mohammad Zeb and Savannah who came to me like angels along with their appointed barrister Harry Mcdonald when my son was on trial. With my son having three charges against him along with joint enterprise which included affray and violent disorder. They took the case on and from the very 1st day kept me updated with the progress and supported me throughout the case. With my son in remand and a serious injury to his face they kept him motivated and in the right frame of mind with video links. Also they were available to him even on weekends if he had any questions. Their guidance and professionalism was absolutely outstanding. Savannah was superb throughout this case. Her approach to everything made it easy for me and my family. The barrister Harry took the case on at short notice and what a outstanding approach he had. Being in court for the 1st time for my son he represented my son superbly. After arguing his defence for my son for 7 gruelling days my son was found not guilty of all charges. I can not praise Stuart Miller enough. A must go to firm if you are in a unfortunate situation and need legal help. Wish Mohammad Zeb, Savannah, Harry Mcdonald and everyone at Stuart Miller the very best for the future. A very big thank you from me and my family.

Colm Walshe

23:14 19 Jan 24

Kiran was amazing with my case, made me feel at ease from the start, was very helpful and professional in resolving matters as quickly as possible. Would highly recommend

Real Cubano

13:03 16 Jan 24

Phil is the best ….Thank you thank you 🙏🏻…..

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