In more complex cases, expert witnesses might play a role. Forensic specialists might give their opinion on the chain of events that led to the victim’s death.
If direct evidence is unavailable, courts will explore circumstantial evidence. These might include what the defendant did in the minutes and hours after the alleged murder and the nature of the attack. Many cases don’t prove the defendant was at the crime scene, but circumstances might suggest otherwise. Lawyers, judges, and the court must decide whether this evidence warrants consideration in light of the case’s facts.
Premeditation is not a strict requirement for a murder conviction in the UK. However, if the prosecution can use it to prove the intent to kill, it can play a role in the severity of sentencing.
To show premeditation, the prosecution will look for evidence of plans to carry out the murder. These could be as simple as a text message or more complex, like detailed drawings of how it will happen.
Despite the severity of murder charges, various defences are available. Some seek to diminish the defendant’s guilt while others seek exoneration.
The best murder defence is an alibi. Proving you were somewhere else when the incident occurred can lead to the case against you being thrown out.
Of course, demonstrating an alibi can be a complex and challenging process. You can’t always rely on conventional evidence to show the court you were somewhere else, or not on the scene during the death of the other person.
If an alibi is unavailable and the court believes you were on the scene, you can sometimes maintain a diminished responsibility defence. This approach admits you caused the murder but you had an “abnormality of mind,” preventing you from conducting yourself well or exercising self-control.
Courts usually want to see medical evidence of a health condition to prove you couldn’t control your actions. Judges won’t usually accept it as the only reason you allegedly caused the death of another person, but it can reduce the severity of sentencing.
Lawyers may argue that circumstances caused an abnormality of mind that led to diminished responsibility. In some cases, this can lead prosecutions to lower the charge to manslaughter.
In either case, judges and juries will weigh the balance of probabilities. If it seems likely you were under the influence of a medical condition, they will consider that fact.
Another partial murder defence is loss of control. Parliament introduced it in 2010 to replace “provocation.”
Loss of control occurs when the victim does something that would provoke any reasonable person to lose control. This could include:
Loss of control doesn’t need to be instant. Victims can provoke it over a longer period (and it will still be counted). Furthermore, the prosecution must disprove that the loss of control defence did not occur, putting the burden of proof on them, not you.
Sometimes courts will also accept “killing in pursuance of a suicide pact” as a partial defence for murder. For this defence to apply, you must also have tried to kill yourself but failed. This defence doesn’t work if you merely assisted in the suicide.
The penalties for murder depend on the circumstances of the case. Some defendants receive “whole life” sentences, meaning they will unlikely leave prison at any point. However, other sentences offer the prospect of future release.
Judges will usually impose a “tariff” on the defendant – a minimum term the defendant must remain in jail before being considered for parole. These can vary, but typically include:
When choosing these sentences, judges will consider various mitigating factors, including whether the defendant meticulously planned the murder, killed a child or police officer, or engaged in gratuitous acts that led to the death, such as torture. Multiple murders also carry a longer sentence, including whole-life terms.
The severity of murder charges means working with a criminal defence lawyer is essential. Legal counsel can help you mitigate the severity of sentencing and ensure fairness in applying justice. In some cases, courts may agree to throw out the case (such as evidence of an alibi).
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