Murder Definition

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.

View the related practice notes about Murder

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...

Deportation

Deportation Deportation is the process by which a non-British citizen can be removed from the UK and prevented from lawfully returning. The power to deport is found in sections 3 and 5 of the Immigration Act 1971 (IA 1971) and sections 22–35 of the UK Borders Act 2007 (UKBA 2007). A deportation order has a number of effects: • it requires the subject to leave the UK • it automatically invalidates any leave to enter or remain—either given before the deportation order is made or while it remains in force • it prohibits the subject from re-entering the UK unless, and until, it is revoked The process of deportation must be distinguished from that of administrative removal (see Practice Note: Administrative removal). Some deportation decisions generate a right of appeal. In other cases the only legal challenge may lie by way of judicial review. For more information see: Rights of appeal and Judicial review—overview. Knowingly entering the UK in breach of a deportation order is a criminal offence....

Discover our 122 Practice Notes on Murder

Can a person who has suffered severe psychological damage as a result of witnessing a violent murder claim compensation as a ‘direct victim’ under the Criminal Injuries Compensation Scheme?

Can a person who has suffered severe psychological damage as a result of witnessing a violent murder claim compensation as a ‘direct victim’ under the Criminal Injuries Compensation Scheme? Please note this Q&A provides information relevant to the Criminal Injuries Compensation Scheme 2012 (see here) which applies to all applications lodged on or after 27 November 2012. Under the 2012 scheme: 'A person may be eligible for an award under this Scheme if they sustain a criminal injury which is directly attributable to their being a direct victim of a crime of violence committed in a relevant place.' A relevant place for the purposes of the scheme is anywhere within Great Britain. Criminal injury A criminal injury is defined as one or more personal injuries sustained in Great Britain and directly attributable to one of the following qualifying events: • a crime of violence (eg arson or an act of poisoning) • the apprehension or attempted apprehension of an offender or a suspected offender, the prevention...

H was convicted of manslaughter of W. H and W own joint bank accounts. Does the forfeiture rule apply to monies held in joint bank accounts?

H was convicted of manslaughter of W. H and W own joint bank accounts. Does the forfeiture rule apply to monies held in joint bank accounts? Section 1 of the Forfeiture Act 1982 (FoA 1982) provides that: 'the “forfeiture rule” means the 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.' FoA 1982, ss 2(1) and 2(4) refers to the concept of an 'interest in property' to which the rule applies. FoA 1982, 2(4) provides that: …The interests in property referred to in subsection (1) above are— (a) any beneficial interest in property which (apart from the forfeiture rule) the offender would have acquired— (i) under the deceased’s will (including, as respects Scotland, any writing having testamentary effect) or the law relating to intestacy or by way of ius relicti, ius relictae or legitim; (ii) on the nomination of the deceased in accordance with the provisions of any enactment; (iii) as a donatio mortis...

See the 7 Q&As about Murder

Clarification of Hunter and Jameel abuse (Mueen-Uddin v Secretary of State)

Dispute Resolution analysis: The Supreme Court held that claims seeking to undermine convictions from a court in another jurisdiction will not always constitute Hunter abuse of process if that other court did not provide the claimant the opportunity to contest the conviction fully. The Supreme Court clarified that Jameel abuse occurs when the claim would not be able to achieve the legitimate aim of vindicating the claimant’s reputation; rather than merely whether the potential costs of pursuing an action might outweigh the damages likely to be awarded. It was confirmed that defendants bear the burden of proof in proving a defence of truth. Any potential difficulties in proving the truth of an allegation must be their risk to run and cannot therefore contribute towards a finding of abuse of process. Finally, the Supreme Court held that considerations relevant to Hunter and Jameel abuse cannot be ‘lumped together’ to ground a general finding of abuse. Written by Dr Anton van Dellen, barrister and Natasha Niccolls, pupil barrister at Fraser Chambers.

Judicial review case on the jurisdictional role of the Secretary of State for Justice and the rejection of Parole Board recommendations (R (on the application of Woody Carrigan) v Secretary of State for Justice)

Public Law analysis: This case concerns the Parole Board recommendations (which are advisory) re a prisoner to transfer (or not) to open conditions and the SSJ’s primary decision-making responsibilities. The case provides a useful review of the most important portfolio of recent cases covering this area of law and practice, along with a systematic review of the relevant Statutory Directions of June 2022 and the Policy Guidance of October 2022. Mr Justice Fordham helpfully develops what he labelled as ‘shorthand terms’ regarding the ‘Progress Duty’ and the ‘Essential Criterion’ for decision-making in this area of the law and practice, with clear links to the common law duties on the decision-maker acting reasonably, giving legally adequate reasons in their decisions and being able to rely on all relevant and contemporaneous evidence. In analysing the case, Fordham J carries out a methodical 7 step approach to such cases to detect with there were any reasonable disagreements between the Parol Board recommendations and the SSJ reasoned decisions on the same. Ultimately, the court...

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