Question 1

Is it possible to get bail in a murder case?

Accepted Answer

It's possible, but it can be very difficult. There is a presumption against bail in murder and offences of serious violence. A bail application has to be treated by the murder solicitors like a mini-trial. Courts will expect security (money paid into court), surety (money or assets promised to court) or both, and judges still may say no to bail. This is because the potential sentence in a murder case is so high that courts are often concerned about the risk of the defendant not returning for the trial.

Question 2

Is it possible to change solicitors?

Accepted Answer

It can be possible, depending on the circumstances. If you're on legal aid the judge has to be persuaded that the legal aid should be transferred. Usually, this will be if the relationship has broken down or if there is a conflict of interest between you and the solicitors, or between you and somebody they represent.

Question 3

How long are sentences for murder?

Accepted Answer

Murder carries a life sentence with a minimum recommendation of a certain number of years before release can be considered. It is unusual for this figure to be less than 20 years. In very serious cases involving weapons or other serious factors sentences over 30 years can be considered. Where the convicted person is considered a lifelong danger to society a whole life sentence may be given, but this is very rare.

Question 4

Does a guilty plea reduce the length of sentence for murder?

Accepted Answer

Pleading guilty can reduce the minimum sentence in a murder case, but only by 15%.

Question 5

What is joint enterprise murder? Is a person guilty for the actions of someone else if that person was present?

Accepted Answer

Joint enterprise means assisting or encouraging, usually at the scene, being part of the action that causes the death, and intending that death or serious injury is a possibility. Simply being present isn't enough to be guilty, though.

Question 6

What's conspiracy to murder?

Accepted Answer

Conspiracy means a plan to commit an offence. A conspiracy to commit murder is the planning of a murder with one or more other people.

Question 7

Can a murder charge be reduced to manslaughter?

Accepted Answer

If someone has died but there is no evidence that the person who caused it intended for death or serious injury to happen then manslaughter might be the end result. This can also be the case where somebody has a mental condition or illness which has affected their level of responsibility. An agreement to reduce the charge to manslaughter could be as a result of an agreement between the murder solicitors who are representing you and the prosecution lawyers. If not it will have to go trial before a jury where your lawyers argue for manslaughter on your behalf.

Murder cases are the most difficult and most specialised. Don’t gamble with your representation.

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