Expert Legal Representation for Murder Charges

Understanding Murder

Murder is one of the most serious crimes in England and Wales that one can face. At Old Bailey Solicitors, we understand the gravity of such an allegation and are dedicated to providing unwavering support and expert legal representation to individuals charged with murder.

What is Murder?

Murder is the unlawful killing of another human being with intention to cause death or really serious harm. The offence of murder is committed when a person of sound mind unlawfully kills another human and intends to kill them, or cause them really serious harm.

Two key questions must be asked when determining whether murder has been committed. Firstly, did the accused intend to kill or cause really serious harm? Secondly, can the accused be held criminally responsible for their actions?

What is the difference between murder and manslaughter?

If you would like to see the differences between Murder and Manslaughter, please click here.

Sentencing

Murder is the most serious of crimes in England and Wales and prosecutions brought by the police and Crown Prosecution Service are often lengthy and complex. Murder is an indictable only offence and as such, it can only be tried in the crown court. If the accused is convicted, the judge must impose a life sentence and follow guidance on the minimum amount of time the offender must be in prison before being considered for release (this is sometimes referred to as the tariff period).

The sentencing for murder convictions varies depending on the circumstances of the case.

Depending on the facts of the offence the starting point for the minimum time served in prison for an adult ranges from 15 to 30 years. For an offender under 18 the starting point is 12 years. It is unusual, but some offenders receive a whole life tariff, which means they will spend the rest of their life in prison. Parliament has set out in law the circumstances in which this can happen.

To set the minimum term the judge will first consider which starting point applies to the case.

For the purposes of setting the starting point for the minimum term the law sets out four categories. Here you will find examples of the types of cases that may fall into each category:

• In cases such as a carefully planned murder of two or more people, or a murder committed by an offender who had already been convicted of murder the starting point for an offender aged 21 or over is a whole life tariff. For an offender aged 18-20 the starting point would be 30 years and for an offender aged under 18 it is 12 years
• In cases such as those involving the use of a firearm or explosive the starting point is 30 years for an offender aged 18 or over and 12 years for an offender aged under 18.
• In cases where the offender brings a knife to the scene and uses it to commit murder the starting point is 25 years for an offender aged 18 or over and 12 years for an offender aged under 18.
• In cases that do not fall into the above categories the starting point is 15 years for an offender aged 18 or over and 12 years for an offender aged under 18. It is important to note that these are starting points only.

Having set the minimum term, the judge will then take into account any aggravating or mitigating factors that may amend the minimum term either up or down. The judge may also reduce the minimum term to take account of a guilty plea. The final minimum term will take into account all the factors of the case and can be of any length.

Aggravating and mitigating factors

Aggravating factors are things that make an offence even more serious and increase the minimum term. These include:

• A significant degree of planning or premeditation;
• The fact that the victim was particularly vulnerable because of age or disability;
• Mental or physical suffering inflicted on the victim before death;
• The abuse of a position of trust;
• The use of duress or threats to enable the offence to take place;
• The fact that the victim was providing a public service or performing a public duty; and
• Concealing, destroying or dismembering the body.

Mitigating factors are things that may reduce the minimum term. These include:

• An intention to cause serious bodily harm rather than to kill;
• Lack of premeditation;
• The offender suffering from a mental disorder or mental disability which lowered his degree of blame;
• The fact that the offender was provoked (for example, by prolonged stress);
• The fact that the offender acted to any extent in self-defence or in fear of violence;
• A belief by the offender that the murder was an act of mercy; and
• The age of the offender

Defence to murder

There are a number of ‘partial defences’ to murder, the most well-known being Loss of Control and Diminished Responsibility. They are called partial defences because they reduce murder to the offence of voluntary manslaughter.

Diminished Responsibility

If the accused suffers from a mental disorder that substantially impairs their ability to understand the nature of their actions, they may be able to plead diminished responsibility.

Loss of control

This is available where the deceased’s behaviour was such that any reasonable person would have lost control. However, there needs to be a qualifying trigger for the action. Qualifying triggers include loss of control from a fear of serious violence from the victim and/or loss of control to things done or said which resulted in the accused having a justifiable sense of being seriously wronged.

There is only one ‘complete’ defence to murder and that is self defence.

Any person can use ‘reasonable force’ to protect themselves. The force used must be reasonable to the risk perceived to provide a valid defence.

Why choose Old Bailey Solicitors for your defence?

With over 20 years’ of experience in handling murder cases, our senior solicitors possess in-depth knowledge of criminal law and courtroom procedures. We have successfully defended numerous clients against murder charges, earning a reputation for our tenacity and expertise in the field. At Old Bailey Solicitors our criminal defence team have extensive experience in dealing with investigations and prosecutions for murder. We recognise that every case is different and every client has their own story. That is why we take a personalised approach to every case, meticulously analysing the details and crafting a defence strategy that best serves our clients. From the initial investigation to courtroom proceedings, we will pursue all avenues in building a comprehensive defence.

Facing a murder charge  is emotionally draining and overwhelming, for the accused and for their families. Our solicitors not only provide expert legal representation but we also offer compassionate support and guidance throughout your legal proceedings.

Contact us today

If you or a loved one is facing a murder charge, contact us today to schedule a consultation with one of our experienced Criminal Defence solicitors. We are here to provide the expert guidance, advocacy, and support that you need to protect your rights.