If you or someone you care about is facing a charge for murder, it is understandable that you have numerous questions and concerns. Murder is a very serious offence in English law, and the repercussions for your life can be significant, making it even more imperative that you get the advice of a trusted criminal defence solicitor as soon as possible. While the punishment for this offence is severe, rest assured that solicitors can assist in potentially reducing any prison time. This article will cover the basics of the offence, i.e., what constitutes murder, and discuss the maximum possible sentence you might face. The article also explores key points from the sentencing guidelines and explains how a solicitor can help lessen your sentence.
What is the offence of murder?
Murder in England is a serious criminal offence that is governed primarily by common law rather than statute. The legal definition of murder in England is the unlawful killing of a human being with malice aforethought, meaning the perpetrator must have had the intention to kill or cause grievous bodily harm.
The key statute that indirectly governs murder is the Homicide Act 1957, which also provides a partial defense to murder, such as diminished responsibility, provocation, or being part of a suicide pact.
Another relevant piece of legislation is the Criminal Justice Act 2003, which sets out mandatory minimum sentences for murder convictions. However, the definition itself and the criteria for the offence are largely derived from case law rather than statutes.
For the prosecution to secure a conviction for murder, they must prove the following elements beyond a reasonable doubt:
- The defendant unlawfully killed the victim.
- The victim was a human being.
- The act or omission of the defendant caused the death of the victim.
- The defendant had the requisite state of mind, known as “malice aforethought,” which means they had either the intention to kill or to cause grievous bodily harm (serious injury).
Examples of the offence of murder include:
- A person deliberately shooting another person with a firearm, resulting in the victim’s death.
- Stabbing an individual during a fight, causing fatal injuries.
- Administering a lethal dose of poison to someone with the intention of killing them.
- Intentionally running over a pedestrian with a vehicle, resulting in death.
- Suffocating someone with a pillow until they die.
- Throwing someone off a high building with the intention to kill.
- A person beating another person to death with a blunt object.
- Setting fire to a building knowing occupants are inside and have no means of escape, resulting in their deaths.
- Drowning an individual by holding their head underwater until they die.
- Organising and executing a premeditated plan to kill a business partner to gain financial benefits.
What is the maximum sentence for murder?
In England and Wales, the maximum sentence for murder is a mandatory life imprisonment. According to the Crown Prosecution Service (CPS) and Sentencing Council guidelines, this life sentence can carry a minimum term, known as a “tariff,” which must be served before the offender is eligible to apply for parole.
The length of the minimum term is determined by the severity of the crime and various aggravating and mitigating factors. In some exceptionally severe cases, such as those involving multiple murders or murders of police officers, the judge may impose a whole life order, meaning the offender will spend the rest of their life in prison without the possibility of parole.
While life imprisonment is the mandatory sentence for murder, its exact length and conditions can vary significantly based on the specifics of each case and judicial discretion.
What factors influence the sentencing of murder?
Sentencing for murder is a complex process influenced by multiple factors. Judges consider various elements to ensure the sentence fittingly reflects the severity of the crime, the circumstances surrounding it, and the broader interests of justice.
Below, the main considerations a judge will take into account when sentencing for murder are outlined, including aggravating and mitigating factors and guidance from the Sentencing Council:
- Nature and Circumstances of the Crime: The specific details of the murder are paramount. For instance, the manner in which the murder was committed, whether it involved premeditation, and the degree of brutality can significantly influence sentencing.
- Statutory Guidance and Mandatory Sentences: Certain jurisdictions have mandatory minimum sentences for murder, often including life imprisonment. However, the exact length and conditions may vary and include considerations for parole eligibility.
- Public Interest and Protection: Judges must also consider the broader public interest and the need for societal protection. This involves assessing the risk posed by the defendant to the community and ensuring the sentence serves as a deterrent to others.
- Recommendations from Sentencing Council: These guidelines are designed to promote consistency and fairness in sentencing. They detail the importance of the aforementioned factors and may provide starting points or ranges for sentences based on specific attributes of the offence and the offender.
Sentencing for murder requires a careful and balanced approach that takes into account a myriad of factors to ensure justice is served appropriately.
How can a solicitor help with reducing the sentence for murder?
A solicitor can be instrumental in reducing a sentence for murder through various legal mechanisms and strategies. The role of a solicitor in such serious charges includes providing expert legal advice, advocating for the defendant in court, negotiating plea deals, and ensuring that all legal procedures are correctly followed to protect the defendant’s rights.
Why someone should get a solicitor for murder to help reduce their sentence:
- Expertise and Experience: Solicitors have the knowledge and experience to navigate complex legal systems. They understand the intricacies of criminal law and the specific statutes related to murder charges.
- Legal Strategy: A good solicitor will develop a robust defence strategy tailored to the particular circumstances of the case. This may involve presenting mitigating factors, challenging evidence, or negotiating with prosecutors to reduce charges.
- Plea Bargaining: Solicitors can often negotiate plea bargains that result in reduced sentences. They can advise on whether accepting a plea deal is in the best interest of the defendant.
- Rights Protection: A solicitor ensures that the defendant’s rights are protected throughout the legal process. This includes challenging unlawful evidence and procedural errors that might violate the defendant’s rights.
- Emotional Support: Facing a murder charge is incredibly stressful. A solicitor provides not only legal support but also guidance and reassurance during a highly challenging time.
What to look for when choosing a solicitor:
- Specialisation: Look for solicitors who specialise in criminal law, particularly those with significant experience handling murder cases.
- Track Record: Evaluate the solicitor’s track record in similar cases. It’s important to choose someone with a history of achieving favourable outcomes in serious criminal cases.
- Reputation: Seek recommendations or read reviews from former clients. A solicitor with a solid reputation for professionalism and effective representation can be crucial.
- Communication: Choose a solicitor who communicates clearly and promptly. They should be approachable, willing to answer questions, and provide regular updates on the case’s progress.
- Resources: Ensure the solicitor has access to a well-resourced team or can consult with experts (e.g., forensic analysts, psychologists) when necessary for building a strong defence.
What to expect when you first meet a solicitor:
- Initial Consultation: During the first meeting, the solicitor will ask about the details of the case to understand the facts, evidence, and charges. They will also explain their role and how they can assist.
- Confidentiality: The solicitor will ensure that all information shared is confidential, providing a safe space to discuss the case openly.
- Case Assessment: Expect an initial assessment of your legal position. The solicitor will often outline potential strategies, strengths, weaknesses, and possible outcomes.
- Questions and Concerns: The solicitor will answer any questions about the legal process, what to expect, and the next steps. This is also your time to ask about their experience, fees, and how they intend to handle your case.
- Legal Advice: Based on the initial discussion, the solicitor will provide preliminary legal advice and steps to be taken, and advise on any other specific questions you may have.
Where to get more help
Thinking about the sentence you might face for murder can be overwhelming, and it’s likely you have many pressing questions. For further assistance and advice on sentencing and other matters related to the offence of murder, contact the team at Stuart Miller Solicitors today. Our approachable staff are ready to support you with your case, regardless of your situation, guilt, or innocence.
OUR COMMITMENTS TO YOU:
-
Responsive
A legal expert will consult you within 24 hours of making an enquiry.
-
Empathetic
We will always treat you with trust, understanding and respect.
-
Specialised
Your case will be handled by an expert who specialises in your type of offence.
-
Proactive
We will take early action to end proceedings as soon as it is practically and legally possible to do so.
-
Engaged
You will be kept updated on your case at all times. We will provide a named contact available to answer your questions.
-
Caring
We understand this is a difficult and stressful time for you and your family. Our team will support you every step of the way.
-
Tenacious
We will never give up on your case. We fight tirelessly to get you the best possible outcome.