If you’ve been accused of murder, it’s natural to feel overwhelmed and scared. Being charged with such a serious crime can lead to years of imprisonment, and in some cases, even life behind bars. You may be wondering whether there are any defences available to you, or how the law can help in your situation. The good news is, under UK law, there are several defences to murder that might reduce your charge or help your case.
In this article, we’ll explain what these defences are, how they work, and when they might apply to your situation. We’ll also take you through the key points of each defence, so you can get a clearer understanding of how they can impact your case. But remember, every case is unique, so you should always consult a solicitor to discuss your specific circumstances.
Understanding Murder in the UK
Before we dive into the defences, it’s important to understand what qualifies as murder in the UK.
Murder is the unlawful killing of another person with the intent to cause death or serious injury. It can also be committed if the defendant intended to cause grievous bodily harm (GBH), and death was a likely consequence of their actions.
The maximum sentence for murder is life imprisonment, though the judge may impose a lesser sentence depending on the circumstances. If you are under the age of 18, you could be sentenced to a minimum of 12 years in prison. For adults, the minimum custodial sentence can range from 15 to 30 years.
Partial Defences to Murder
There are several defences that, if successfully argued, might reduce the charge of murder to a lesser charge, such as manslaughter. While these defences don’t completely clear you of guilt, they can help reduce your sentence.
Diminished Responsibility
One of the key partial defences to murder is diminished responsibility. This defence is available when the defendant has a recognised mental condition that significantly impairs their ability to understand their actions, form rational judgements, or control their behaviour.
For example, if you were suffering from a mental illness at the time of the killing, and that illness affected your ability to reason or control your actions, you might be able to claim diminished responsibility. This could include conditions like depression, schizophrenia, or severe anxiety.
In order for this defence to apply, you must show that your mental condition was the cause of the killing, though it doesn’t have to be the sole cause. Medical evidence is essential in these cases, and the jury will assess whether the mental condition played a significant role in your actions.
If successful, this defence doesn’t result in an acquittal but can reduce the charge from murder to manslaughter. This could result in a much lighter sentence.
Loss of Control
The defence of loss of control was introduced in 2010, replacing the old defence of provocation. If you were in a state of extreme emotional distress or provoked to a point where a reasonable person would have lost control, this defence might apply.
However, there are specific conditions for this defence:
- You must have lost control due to a “qualifying trigger.” These triggers could include fear of serious violence from the victim or being seriously wronged by something the victim said or did.
- The loss of control doesn’t have to be immediate or sudden. However, if you acted out of revenge, the defence would not apply.
- The provocation cannot be based on sexual infidelity, relationship breakdown, or seeking revenge.
If the court accepts this defence, the charge of murder can be reduced to manslaughter.
Suicide Pact
The suicide pact defence applies if you killed the victim as part of an agreement to end both of your lives. For this defence to work, you must have had the intention to die as part of the pact. If you were only helping the other person commit suicide, without intending to die yourself, this defence won’t apply.
If the defendant successfully argues a suicide pact, the charge can be reduced to manslaughter. This is often considered a complex defence and requires solid evidence to support your case.
Intoxication
Intoxication, whether caused by alcohol or drugs, is rarely accepted as a defence in murder cases. Courts generally don’t allow intoxication to excuse criminal behaviour. However, there may be some circumstances where this defence is considered.
If you were involuntarily intoxicated at the time of the killing—meaning someone spiked your drink, for example—this could potentially reduce your charge. If you were so intoxicated that you couldn’t form the intention to kill or cause GBH, this could be a partial defence to murder.
Involuntary intoxication might lead to a lesser charge of manslaughter, but voluntary intoxication will not be accepted as an excuse for murder.
Complete Defences to Murder
Complete defences are more powerful than partial defences. If you successfully argue a complete defence, you may be acquitted of the charge entirely, or at the very least, convicted of a much lesser offence.
Self-Defence
Self-defence is one of the most well-known defences and applies if you were acting to protect yourself or others from immediate harm. If you were attacked and used reasonable force to defend yourself, you might be able to rely on this defence.
In the context of murder, self-defence is only applicable if the force used was proportionate to the threat faced. For example, if someone attacked you with a weapon, it might be reasonable for you to defend yourself with a similar level of force. However, if you overreacted and used excessive force, the defence would not be available.
The law also allows you to use reasonable force to protect another person or property, or to prevent a crime from occurring.
If self-defence is successful, the court may acquit you of the murder charge. In some cases, you might be convicted of a lesser offence, like manslaughter, if the force used was disproportionate.
Automatism
The defence of automatism applies when you were not in control of your actions due to an external factor, such as a medical condition or extreme stress. This might apply if you were sleepwalking, in a dissociative state, or experiencing some kind of temporary loss of consciousness at the time of the killing.
This defence is rare and difficult to prove, and if you were under the influence of drugs or alcohol at the time, it is unlikely to succeed. However, if you can prove that your actions were entirely involuntary and outside of your control, you may be acquitted of murder.
Insanity
If you were suffering from a severe mental illness at the time of the killing, you might be able to argue the defence of insanity. This defence is based on the principle that you cannot be held criminally responsible for an offence if you didn’t understand the nature of your actions or that they were wrong due to your mental condition.
If successful, the court may find you not guilty by reason of insanity, and you could be detained under the Mental Health Act rather than being sent to prison.
Mistake
The defence of mistake applies if you acted under a mistaken belief about the facts surrounding the killing. For example, if you genuinely believed you were acting in self-defence, but the facts didn’t support that belief, you might argue that your actions were based on a reasonable mistake.
This defence is difficult to use in murder cases, as the mistake must be reasonable, and it must be established that you did not have the intention to kill or cause serious injury.
Conclusion
Murder is a serious charge, and the consequences of a conviction can be life-altering. If you’ve been charged with murder, you may feel helpless or unsure about your next steps. The defences outlined in this article—whether partial or complete—may offer you a chance to reduce your charge or, in some cases, avoid a conviction altogether.
Remember, the law surrounding murder defences is complex, and every case is different. That’s why it’s crucial to consult with an experienced solicitor who can guide you through the process and help you build the strongest defence possible.
