Homicide and manslaughter
Attempted murder
Criminal Attempts Act 1981, s.1 (attempt); murder at common law
England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.
- Triable
- Indictable only
- Maximum penalty
- Life imprisonment
Actus reus
- Do an act that is more than merely preparatory to the commission of murder (Criminal Attempts Act 1981, s.1).
Mens rea
- Intention to kill (nothing less — intent to cause GBH is insufficient for attempted murder).
Defences
No intent to kill · Act merely preparatory · Self-defence / defence of another · Identification
Sentencing Council
Sentencing Council guideline effective 1 July 2021. Offence range: 3 – 40 years’ custody.
At the police station
Intent to kill is the critical interview issue. Preserve weapons, medical evidence, and any planning messages. Distinguish from s.18 GBH with intent.
When to involve a rep or solicitor
Police station advice is free under legal aid and is not means-tested. For this allegation we would normally want a solicitor involved early.
Authoritative sources for this page
Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.
- Statute:Criminal Attempts Act 1981, s.1 (attempt); murder at common law ↗
- Sentencing Council:Sentencing Council definitive guideline ↗
- CPS:CPS — Homicide ↗