Murder and Manslaughter

Under the common law legal system of England and Wales, murder is committed when one person kills another with the intention of either causing their death or of causing them serious injury. Other criteria include you being of sound mind at the time the offence is committed and that the killing was unlawful – that is, that it was not in self-defence or during wartime.

If you have been arrested on suspicion of murder you will be taken to a police station to be interviewed (or you may be taken to a hospital if the police believe you are suffering with a mental health issue).

The arresting officers can use ‘reasonable force’ to detain you, can search you, and may or may not use handcuffs on you. At the time of your arrest, the officers must follow certain protocol. They must identify themselves as police officers, tell you that you are under arrest and not free to leave, and what crime you are believed to have committed.

They will also tell you that: ‘You do not have to say anything but it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.’

At the police station, you will first be seen by the custody sergeant. After talking to the arresting officers, they will ask you if you have taken drugs or consumed alcohol in the last 24 hours. They will decide if you are in need of medical attention then explain to you what will happen next. If you are under 18 or deemed to be vulnerable, an ‘appropriate adult’ must be present when you are interviewed by officers. This can be a family member aged 18 or over, a social worker or carer, or if no one you know is available, one will be provided for you.

The custody sergeant will tell you your other rights, which include the right to:

• Free and independent legal advice
• Call someone such as a family member or friend
• Medical help (for physical or mental issues)
• The services of an interpreter if you don’t understand English
• Read the police Codes of Practice
• See a written notice of any other rights regarding your comfort

Any possessions you have on you will be taken and held at the police station, and your photograph, fingerprints and DNA swabs will be taken.

Before your interview you will be able to contact an independent solicitor, who you can talk to in private. You do have the right to remain silent but choosing to answer ‘no comment’ to questions is something that your solicitor will advise you on.

It is usual for the suspect of a crime to be held at a police station for 24 hours before being either charged or released. However, for the serious crime of murder, they can apply to hold you for either 36 or 96 hours.

If you are charged with murder, a date will be set for your court hearing. You will then be either released on bail or held in custody. It’s likely for someone charged with murder to remain in custody until their trial.
Murder cases are heard in Crown Court, by a judge and a jury of 12 randomly selected members of the public who will decide whether or not you are guilty of the crime after hearing all the evidence.

If you are found guilty, you face a mandatory sentence of life imprisonment. If you admit your guilt at the beginning of the investigation, this can help to reduce your sentence. This is why it is vitally important that from the moment you are charged with murder, guilty or not, you must seek help and advice from expert solicitors. The team at Sahota & Sahota have extensive experience of dealing with murder cases, and helping clients to understand the complex processes involved.

If you or someone you know has been accused of or charged with murder, contact us right way. We will talk you through each stage of the process, and work out the best approach to take in your individual case to achieve the most positive outcome.

What is the difference between murder and manslaughter?
Murder and manslaughter are both types of homicide because they both involve the death of a human being, but there is a difference between the two crimes. The primary differences between murder and manslaughter are intent and responsibility. In very simple terms, if the accused did not intend to kill, or they cannot be held responsible for their actions, the action amounts to manslaughter.
There is no mandatory sentence under UK law for manslaughter. Someone found guilty can face punishment ranging from a prison sentence of between 2-10 years, a suspended sentence of up to two years or community service.

If you have been accused of murder or manslaughter you should seek legal advice from the expert team at Sahota & Sahota as soon as possible. As specialists in this type of serious crime, we will fight to seek the best possible outcome for you.