An allegation of attempted murder will usually lead to an immediate and intensive police investigation. With a maximum sentence of life imprisonment, specialist legal representation is crucial from an early stage, including while you are on police bail or released under investigation.
To secure a conviction, the prosecution must prove that you intended to kill. This is often the central issue in the case. Depending on the circumstances and the evidence of intent, alternative charges such as causing grievous bodily harm with intent under section 18 may also be considered.
Our criminal defence solicitors represent clients accused of attempted murder from the beginning of a police investigation through to trial in the Crown Court. We will carefully consider whether a defence such as self-defence applies, proactively obtain evidence supporting your account and make representations aimed at securing no further action or reducing the seriousness of any charge brought against you. If you are charged, we will work with experienced barristers and King’s Counsel to prepare your defence.
Reeds is ranked Tier 1 for criminal defence by Legal 500 and Band 1 by Chambers & Partners, the highest rankings awarded by both independent legal directories.
Frequently Asked Questions
Attempted murder occurs when the Prosecution proves beyond reasonable doubt that the Defendant tried to kill a living human being but was unsuccessful. The mental intention for attempted murder is higher than that of murder as the Prosecution must prove that the Defendant tried to kill the other person at a specified time. To gain a conviction for murder, the Prosecution only need to prove the Defendant intended to cause grievous bodily harm. The intent to actually commit murder is not necessary. The jury can decide from the evidence presented whether the Defendant in a murder trial actually intended to kill the deceased.
Section 4(1) of the Criminal Attempts Act 1981 provides the test for attempted murder. The Prosecution must prove beyond reasonable doubt that the Defendant did something that was ‘more than merely preparatory’. A classic example of this is the Gunpowder Plot of 1605. The conspirators planned to blow up Parliament and kill the King and other prominent statesmen of the time. Not only were 36 barrels of gunpowder hidden under piles of faggots and coal discovered in an undercroft beneath the House of Lords, Guy Fawkes himself had on his person a watch, several matches, and touchwood. The conspirators who gave us Guy Fawkes night definitely went further than making mere preparations.
Multiple sources of evidence are used to prove the crime of attempted murder. Much depends on the circumstances of the case. Examples of evidence that may be used include:
- Mobile phone and email communications.
- CCTV footage.
- DNA and fingerprint evidence.
- Internet browsing history.
- Witness statements.
- Evidence that you obtained the weapon used.
- Your testimony.
Expert evidence may be used to help the Court understand particular matters such as DNA evidence and the Defendant’s state of mind at the time the offence was committed.
Attempted murder is an exceptionally serious offence. If you are convicted, the maximum sentence is life imprisonment. When deciding on a sentence, the Court will use the Sentencing Guidelines which provides sentences for between three and forty years. The sentencing Judge will consider aggravating factors, such aswhether a weapon was involved, the vulnerability of the victim and whether the offence was gang related or a hate crime. , The Judge would balance these against any mitigating factors put forward by the defence team, for example, genuine remorse, the age of the offender and any mental disorder or learning disability.
Where there are complex mental health difficulties involved in a case the Court can also impose Hospital Orders with restrictions on a defendant’s freedom and future. Our specialised solicitors are experienced in fighting for the best possible outcome given the particular circumstances of a case.
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