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Attempted murder

Homicide and manslaughter — practical elements, sentencing links and station notes for accredited reps in England & Wales.

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.

View definitive guideline ↗

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.

More in Homicide and manslaughter

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Sources & further reading

Links are to official publishers (legislation, gov.uk, CPS, LAA, Sentencing Council). Case law on this site is limited to entries in our verified case-law registry. Always confirm the current version before relying on it in live advice.