The offence
Murder is the unlawful killing of another person with intent to kill or to cause grievous bodily harm. It is triable only on indictment and carries a mandatory life sentence. The prosecution must prove the act, causation, and the requisite intent beyond reasonable doubt.
Defences and partial defences
- Self-defence — the use of reasonable force
- Diminished responsibility under the Homicide Act 1957 as amended, reducing murder to manslaughter
- Loss of control under section 54 of the Coroners and Justice Act 2009, reducing murder to manslaughter
- Lack of intent to kill or cause grievous bodily harm
- Disputed causation or the medical evidence
Sentencing
A conviction for murder carries a mandatory life sentence. The court sets a minimum term (the ‘tariff’) that must be served before parole can be considered. Where a partial defence reduces the offence to manslaughter, the sentence is at large and can be far lower.
Frequently asked questions
Yes — a conviction for murder carries a mandatory life sentence. The minimum term served before parole is set by the judge according to the guidelines and the circumstances.
A partial defence under the Homicide Act 1957, as amended, where an abnormality of mental functioning substantially impaired the defendant’s responsibility. It reduces murder to manslaughter.
A partial defence under section 54 of the Coroners and Justice Act 2009, replacing provocation, where a loss of self-control had a qualifying trigger. It reduces murder to manslaughter.