Murder (Common Law)

Murder is a common law offence. Subject to three exceptions, which are partial defences to murder and result in a conviction for manslaughter, the crime of murder is committed where a person of sound mind and discretion unlawfully kills any reasonable creature in being under the King's Peace with intent to kill or cause grievous bodily harm (CPS legal guidance, Homicide: Murder, manslaughter, infanticide and causing or allowing the death or serious injury of a child or vulnerable adult). The suspect's act must be a substantial cause of the death, not necessarily the sole or principal cause. Intent is an ordinary English word; the prosecution does not have to prove motive. Self-defence is a defence to murder; duress is not. Maximum sentence: no person shall suffer death for murder, and a person convicted of murder shall be sentenced to imprisonment for life (Murder (Abolition of Death Penalty) Act 1965, s.1(1)). The minimum term which the offender must serve is governed by Schedule 21 Sentencing Act 2020 (CPS legal guidance).

In practice

This is an indictable-only offence: it must be tried at the Crown Court. The charging decision rests with the CPS (not police). A murder investigation triggers the deployment of a Major Investigation Team (MIT). The golden hour principle applies: early scene preservation, witness identification, CCTV seizure, and house-to-house enquiries are time-critical. A Home Office post-mortem is required. A Family Liaison Officer (FLO) must be deployed. The suspect must be cautioned in accordance with Code C PACE 1984 before any questions about the offence are put to them. Interviews must be audio-recorded (Code E) or visually recorded (Code F).