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WHAT SHOULD I DO IF I’M ARRESTED OR CHARGED FOR CONSPIRACY TO MURDER?

Poisoning | Criminal Defence Solicitors

In England, conspiracy to murder is a grave criminal offence that can carry the most severe penalties, including life imprisonment. If you or someone you care about is under investigation or has been charged with conspiracy to murder, take steps to understand your legal position, the potential consequences, and the importance of seeking expert legal advice. We will explain what conspiracy to murder means, why legal representation is essential, what defences may be available, the likelihood of bail, whether you will have to attend court, the risk of imprisonment, the impact of a first offence, eligibility for Legal Aid, and where to get further help.

Do I need a solicitor for conspiracy to murder?

Conspiracy to murder is an offence under Section 1(1) of the Criminal Law Act 1977, which makes it illegal for two or more people to agree to commit murder, even if the murder does not actually take place. The law treats conspiracy to murder with the utmost seriousness, and the prosecution must prove that there was an agreement to unlawfully kill another person, and that each party intended for the murder to occur.

If you are suspected of, or charged with, conspiracy to murder, it is absolutely essential to have a solicitor. The reasons for this are numerous and compelling.

  • First, the complexity of conspiracy charges means that the evidence can be vast and technical, often involving covert surveillance, phone records, and witness statements. A solicitor will be able to analyse this evidence, identify weaknesses in the prosecution’s case, and ensure that your rights are protected at every stage.
  • Second, the police and prosecution will be working to build a case against you from the outset. Anything you say in an interview or during the investigation can be used as evidence. A solicitor will advise you on what to say, or not say, to avoid self-incrimination or misunderstandings that could harm your defence.
  • Third, conspiracy to murder cases often involve multiple defendants, and the actions or statements of others can impact your case. A solicitor will ensure that your individual position is properly represented and that you are not unfairly implicated by the actions of others.
  • Fourth, the potential consequences of a conviction are so severe that expert legal advice is not just advisable, but essential. A solicitor will guide you through the process, represent you in court, negotiate with the prosecution where appropriate, and work tirelessly to achieve the best possible outcome for you.

What are possible defences for conspiracy to murder? 

Conspiracy to murder requires the prosecution to prove there was a real agreement to commit murder and that you intended for it to happen. Possible defences include:

  • No agreement, if there was only talk or fantasy and no genuine plan.
  • Lack of intent, if you did not intend for a murder to take place or did not agree to participate.
  • Withdrawal, if you left the agreement before any steps were taken.
  • Entrapment, if you were persuaded or induced by police to join a plan you would not have otherwise joined.

A solicitor will review the evidence and advise on the best defence for your situation.

Will I get bail for conspiracy to murder?

Bail is a complex issue in conspiracy to murder cases, given the seriousness of the offence. When deciding whether to grant bail, the court will consider several factors, including the risk that you may fail to attend court, commit further offences, interfere with witnesses, or obstruct the course of justice. The nature and seriousness of the alleged offence, the strength of the evidence, your previous convictions, and your personal circumstances will all be taken into account.

In conspiracy to murder cases, the risk of further serious offending or interference with the investigation is often considered high, and the prosecution may strongly oppose bail. However, bail is not automatically refused. The court may impose strict conditions, such as residence requirements, curfews, electronic monitoring (tagging), surrendering your passport, or restrictions on contacting certain individuals.

A solicitor plays a vital role in making a strong bail application. They will present evidence of your ties to the community, stable address, employment, family responsibilities, and any other factors that reduce the risk of absconding or reoffending.

Will I have to go to court if I’m arrested or charged for conspiracy to murder?

If you are arrested or charged with conspiracy to murder, it is almost certain that you will have to attend court. Conspiracy to murder is an indictable-only offence, meaning it can only be tried in the Crown Court before a judge and jury. Your first appearance will usually be in the Magistrates’ Court, but the case will be sent to the Crown Court for trial.

Attendance at court is mandatory, and failure to attend can result in a warrant being issued for your arrest and further charges being brought against you. Your solicitor will guide you through the court process, explain what to expect at each stage, and represent you in all hearings. They will also ensure that you are fully prepared for each appearance and that your case is presented as strongly as possible.

Will I go to jail if found guilty of conspiracy to murder?

Conspiracy to murder is one of the most serious offences in English law, and the maximum sentence is life imprisonment. If you are found guilty, the court will consider a range of factors when deciding the appropriate sentence, including the seriousness of the offence, your role in the conspiracy, whether the intended victim was actually harmed, your previous convictions, and any mitigating or aggravating circumstances.

In practice, a conviction for conspiracy to murder almost always results in a substantial custodial sentence. The court will consider whether you were the organiser or a minor participant, whether the conspiracy was sophisticated or opportunistic, and whether you have shown remorse or taken steps to address your behaviour. The presence of aggravating factors, such as the use of weapons, planning, or targeting vulnerable individuals, will increase the severity of the sentence.

A solicitor will present all relevant mitigation on your behalf, including your personal circumstances, background, and any factors that may reduce your culpability. They will also advise you on the prospects of appealing the sentence if it is unduly harsh.

Will I go to jail if it’s my first offence of conspiracy to murder?

Even if this is your first offence, a conviction for conspiracy to murder is likely to result in a custodial sentence. The courts treat this offence with the utmost seriousness, and the starting point for sentencing is usually a significant period of imprisonment, even for those with no previous convictions.

However, the fact that it is your first offence will be taken into account as a mitigating factor. The court may consider your previous good character, lack of criminal history, and any evidence of remorse or steps taken to address the underlying issues. In rare cases, where your involvement was minimal or you played a lesser role, the court may impose a shorter sentence or consider alternatives to immediate custody, but this is unusual in conspiracy to murder cases.

Can I get Legal Aid for conspiracy to murder?

Legal Aid is available for those facing serious criminal charges such as conspiracy to murder, but you must satisfy both the merits test and the means test. The merits test considers whether it is in the interests of justice for you to have legal representation, which is almost always satisfied in conspiracy to murder cases due to the seriousness and complexity of the offence.

The means test assesses your financial circumstances, including your income, savings, assets, and household situation. If you are on a low income or receive certain benefits, you are likely to qualify for Legal Aid. If your income or assets are above the threshold, you may be required to make a contribution towards your legal costs, or you may not qualify at all.

The assessment takes into account your partner’s income, the number of dependents you have, and any significant financial commitments. It is important to provide accurate and complete information, as providing false information can result in prosecution.

A solicitor will help you complete the Legal Aid application, advise you on the evidence required, and ensure that your application is processed as quickly as possible. They will also advise you on alternative funding options if you do not qualify for Legal Aid.

Where to get more help

If you are facing an investigation or charge of conspiracy to murder, get expert legal advice as soon as possible. Stuart Miller Solicitors are highly experienced in defending clients accused of the most serious criminal offences, including conspiracy to murder. Our team of specialist criminal defence solicitors will provide you with clear, practical advice, robust representation, and unwavering support throughout the process. For a free consultation, contact us today.

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