Murder Definition

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GLOSSARY

What does Murder mean?

Murder is a common law offence defined as the unlawful killing of any human being with malice aforethought

Murder is the unlawful killing of any person with an intention to kill or to cause grievous bodily harm to that person. If the killing is by a British citizen English courts have jurisdiction wherever the killing took place. There are three special, partial defences to murder: diminished responsibility; loss of self control (which replaces provocation; and killing in pursuance of a suicide pact. These defences reduce murder to manslaughter.

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Murder

The offence of murderMurder is an offence that can only be tried on indictment in the Crown Court.Elements of the offence of murderThe elements of the offence of murder are:•an unlawful killing •of any human being•caused by the act or omission of the defendant•with the intent to:◦kill, or◦cause grievous bodily harmUnlawful killingThe unlawful killing of a human being means killing without legal justification. Legal justification might involve a killing in self-defence or as a result of bona fide medical or surgical treatment. See Practice Note: Self-defence.The former requirement that the death had to follow within a year and a day of the killing was abolished by the Law Reform (Year and a Day Rule) Act 1996 (LR(YDR)A 1996). However, where the death occurred before the 17 June 1996 the one-year-and-a-day rule continues to apply.Under LR(YDR)A 1996, the Attorney General's consent is required before proceedings can be brought for a fatal offence including murder, where either:•the injury alleged to have caused death was sustained more than three years before the death...

Inferences from silence—failure to testify

Inferences from silence—failure to testify What inferences can be drawn from failure to testify? Inferences can be drawn where a defendant: • having been sworn refuses without good cause to answer a particular question or questions, or • chooses not to give evidence at all Where either of the above situations arise, the court or jury ‘in determining whether the accused is guilty…may draw such inferences as appear proper'. This means that a court or jury can be invited to infer guilt from the defendant's silence. When can an inference be drawn? Before an inference can be drawn under the Criminal Justice and Public Order Act 1994 (CJPOA 1994), the following conditions must be satisfied: • the defendant must fail to give evidence • having been sworn, refuses to answer questions • the failure to testify or answer questions is without ‘good cause’ • the defendant has: ◦ been warned by the court the effect of the failure to give evidence, or ◦ stated that they will...

Discover our 27 Practice Notes on Murder

In the case of an intestate estate where a husband murdered his wife, how will the rule of forfeiture apply to sever a joint tenancy?

In the case of an intestate estate where a husband murdered his wife, how will the rule of forfeiture apply to sever a joint tenancy? We refer you to Practice Note: Forfeiture rule, which explains the forfeiture rule, its application and the circumstances in which it may be modified. The forfeiture rule is a rule of public policy, which in certain circumstances precludes a person who has unlawfully killed another from acquiring a benefit in consequence of the killing. It doesn’t matter whether the benefit is acquired by Will or through intestacy. Where a donee is proved to be guilty of the murder or manslaughter of the testator or of any other serious criminal act that resulted in the death of the testator in England and Wales, the Estates of Deceased Persons (Forfeiture Rule and Law of Succession) Act 2011 (EDP(FRLS)A 2011) will apply. EDP(FRLS)A 2011 only applies to deaths after 31 January 2012. Prior to this, the Forfeiture Act 1982 applied. EDP(FRLS)A 2011 provides that,...

Who can appear before a coroner during a hearing in the coroner’s court?

Who can appear before a coroner during a hearing in the coroner’s court? Lawyers and those authorised to conduct reserved legal activities have rights of audience to appear before courts in England and Wales. The exercise of a right of audience is a reserved legal activity within the meaning of section 12 of the Legal Services Act 2007 (LSA 2007). ‘Right of audience’ means the right to appear before and address a court, including the right to call and examine witnesses. For these purposes, ‘court’ includes: • a tribunal that was (to any extent) a listed tribunal for, or for any of, the purposes of Schedule 7 to the Tribunals, Courts and Enforcement Act 2007 (functions, etc of Administrative Justice and Tribunals Council) immediately before the coming into force of the repeal of that Schedule • a court-martial • a statutory inquiry within the meaning of section 16(1) of the Tribunals and Inquiries Act 1992 • an ecclesiastical court (including the Court of Faculties) LSA 2007, s 13...

See the 7 Q&As about Murder

Victims and Courts Bill

Corporate Crime analysis: The Victims and Courts Bill (the Bill) was introduced by the Lord Chancellor and Secretary of State for Justice, the Rt. Hon. Shabna Mahmood on 7 May 2025 and is presently at the Committee Stage. Liam Lane, associate at Peters & Peters, explores at the key provisions of the Bill.

Corporate Crime weekly highlights—22 May 2025

This week's edition of Corporate Crime weekly highlights includes analysis of the cross-government review into sanctions implementation and enforcement, of a call for the crack down on big tech companies for their role in hindering financial fraud enforcement, and of the significant shift in white collar crime enforcement in the US. Also included is news of the EA’s record number criminal investigations into water companies in England as part of a crackdown on sewage dumping, of the National Food Crime Unit’s new investigative powers effective from 1 May 2025, and of a new Work-Related Deaths Protocol being announced to improve how agencies investigate work-related deaths in Scotland. All this, and more, in this week’s Corporate Crime highlights.

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