What Is The Sentence For Attempted Murder in the UK? (2026)
In Brief
Attempted murder is one of the most serious criminal offences in England and Wales. The maximum sentence is life imprisonment, and the typical sentencing range runs from 3 to 40 years’ custody depending on the circumstances. Unlike murder, there is no mandatory sentence for attempted murder, which gives the court greater flexibility when deciding how long a defendant will spend in prison. The offence is governed by section 1(1) of the Criminal Attempts Act 1981 and is indictable-only, meaning it can only be tried in the Crown Court. If you or someone you know is facing an attempted murder charge, obtaining specialist legal representation at the earliest opportunity is essential.
What Is Attempted Murder?
Attempted murder is the offence of trying to kill another person but failing to do so. It is defined under section 1(1) of the Criminal Attempts Act 1981, which states that a person commits an offence of attempt if, with intent to commit an offence, they do an act that is “more than merely preparatory” to the commission of that offence.
In simple terms, the defendant must have:
- Intended to kill the victim (not merely to cause serious injury)
- Done something that went beyond mere planning or preparation
The distinction between planning and acting is critical. Buying a weapon, for example, might be considered preparatory, whereas pointing it at someone and pulling the trigger would be more than merely preparatory.
Attempted murder is treated extremely seriously by the courts. It is classified as an indictable-only offence, which means it must be heard in the Crown Court before a judge and jury. It cannot be dealt with by a Magistrates’ Court.
What Must the Prosecution Prove?
To secure a conviction for attempted murder, the prosecution must prove two key things beyond reasonable doubt:
1. Intent to kill (mens rea)
This is the most important element. The prosecution must show that the defendant specifically intended to kill the victim. An intention to cause grievous bodily harm (GBH) is not sufficient for attempted murder, even though it is sufficient for murder itself. This is a crucial legal distinction. If the prosecution can only prove an intent to cause serious harm rather than to kill, the appropriate charge would be GBH with intent under section 18 of the Offences Against the Person Act 1861, not attempted murder.
2. An act more than merely preparatory (actus reus)
The defendant must have done something that goes beyond simple planning or preparation. The court will consider whether the defendant’s actions were sufficiently close to the actual commission of murder to amount to an attempt.
Intent can be proven through direct evidence (such as statements made by the defendant) or inferred from the circumstances, including the nature of the weapon used, the location of injuries, and the force applied.
What Is the Maximum Sentence for Attempted Murder?
The maximum sentence for attempted murder is life imprisonment. This is the same penalty as for murder itself.
However, unlike murder, attempted murder does not carry a mandatory life sentence. With a murder conviction, the court must impose a life sentence with a minimum term (the period before the defendant can be considered for parole). With attempted murder, the sentencing guidelines provide greater discretion over both the type and length of sentence.
In the most serious cases, the Judge may feel it necessary to impose a life sentence for attempted murder. This means the defendant will serve a minimum term (also called a tariff) set by the judge. After serving this minimum term, they may apply to the Parole Board for release. If released, they remain on licence for the rest of their life and can be recalled to prison if they breach their licence conditions.
What Is the Minimum Sentence for Attempted Murder?
There is no mandatory minimum sentence for attempted murder. The bottom of the Sentencing Council’s offence range is 3 years’ custody, which applies to the least serious cases.
This is a significant difference from murder, where the starting point for the minimum term of a mandatory life sentence for an adult is at least 15 years (or longer depending on the circumstances). Attempted murder sentences vary considerably because the court weighs all the circumstances of the case.
In the least serious cases – for example, where the defendant acted out of excessive self-defence or had a substantially diminished mental capacity, and no serious physical injury resulted – a sentence towards the lower end of the range may be imposed.
Sentencing Guidelines for Attempted Murder
The Sentencing Council guideline for attempted murder (effective from 1 July 2021, revised 1 April 2024) provides a structured framework that courts must follow. The judge assesses the offence in two stages: the level of culpability (how blameworthy the defendant is) and the degree of harm caused.
Culpability Levels
Level | Description |
A - Very High | Abducting victim with intent to murder them; attempted murder of a child; sexually or sadistically motivated; use of firearms, explosives, or fire; motivated by financial gain; targeting a police or prison officer in the course of their duty; politically, religiously, racially, or ideologically motivated; intent to obstruct or interfere with the course of justice; hate crimes |
B - High | Taking a weapon to the scene and using it; planning or premeditation |
C - Medium | Use of a weapon not falling within categories A or B; lack of premeditation; spontaneous attempt to kill |
D - Lesser | Excessive self-defence; response to prolonged or extreme violence or abuse by the victim; responsibility substantially reduced by mental disorder or learning disability; genuine belief that it was an act of mercy |
Harm Categories
Category | Description |
1 - Very Serious | Injury resulting in lifelong dependency on third-party care, or permanent irreversible injury or psychological condition with substantial long-term effect on daily functioning |
2 - Serious | Serious physical or psychological harm not falling within Category 1 |
3 - Lesser | All other cases |
Sentencing Table: Starting Points and Ranges
Culpability | ||||
Harm | A | B | C | D |
Harm 1 | 35 years (30-40) | 30 years (25-35) | 25 years (20-30) | 14 years (10-20) |
Harm 2 | 30 years (25-35) | 25 years (20-30) | 20 years (15-25) | 8 years (5-12) |
Harm 3 | 25 years (20-30) | 20 years (15-25) | 10 years (7-15) | 5 years (3-6) |
The starting point is the sentence the court begins with before adjusting for aggravating or mitigating factors. The figure in brackets represents the category range within which the final sentence will normally fall. However, extreme circumstances may justify the Judge taking the sentence outside the category range, whether that be higher or lower.
Factors That Affect Sentencing
After determining the starting point from the table above, the court will adjust the sentence based on the following factors.
Aggravating Factors (increase the sentence)
Statutory aggravating factors: - Previous convictions - Offence committed while on bail – Hate crime
Other aggravating factors: - Victim was a public sector worker or service provider - Offence committed in prison - Domestic abuse context – History of violence against the victim – Abuse of trust or position - Deliberate degradation of the victim - Actions endangering others beyond the victim - Use of duress or threats against others to facilitate the offence – Actions after the event, including trying to cover up/conceal evidence – Attempts to prevent the victim receiving medical assistance - Voluntary intoxication by drugs or alcohol - Offence committed while on licence or under supervision - Breach of a court order
Mitigating Factors (reduce the sentence)
- No previous convictions or relevant recent convictions
- Significant provocation
- History of violence by the victim towards the offender
- Attempts to assist the victim after the failed attempt
- Genuine remorse
- Good character and positive contributions to society
- Youth or immaturity of the offender (where aged 18-25)
- Mental disorder or learning disability (where not already accounted for in culpability)
- Sole or primary caring responsibilities for dependants
- Serious medical conditions requiring urgent, intensive, or long-term treatment
- Difficult and/or deprived personal background or circumstances
Guilty Plea Reduction
A guilty plea will reduce the sentence. The maximum reduction is one-third for a plea entered at the earliest opportunity. The later the plea, the smaller the reduction. A plea on the day of trial may attract a reduction of only around 10%.
How Attempted Murder Differs from Related Offences
Attempted murder is often confused with other serious violent offences. Understanding the distinctions is important.
Offence | Key Difference | Maximum Sentence |
Murder | The victim dies; mandatory life sentence applies | Life (mandatory) |
Attempted murder | Intent to kill but victim survives; no mandatory minimum | Life (discretionary) |
Intent to cause serious harm (not necessarily to kill) | Life | |
Reckless serious harm; no intent to kill required | 5 years | |
Unlawful killing which doesn’t amount to murder | Life (discretionary) |
The critical distinction between attempted murder and GBH with intent is the intent element. For attempted murder, the prosecution must prove the defendant intended to kill. For section 18 GBH, an intent to cause really serious harm is sufficient. In practice, many cases that begin as attempted murder charges are reduced to section 18 GBH if the prosecution cannot prove the specific intent to kill.
There is no offence of “attempted manslaughter” in English law, because manslaughter does not require an intent to kill. You cannot attempt to do something unintentionally.
Speak to a Criminal Defence Solicitor
If you or someone close to you is facing an attempted murder charge, it is vital to seek specialist legal representation immediately. Attempted murder carries a potential life sentence, and the difference between an effective defence and inadequate representation can be measured in decades.
At JD Spicer Zeb, our criminal defence solicitors have extensive experience representing clients charged with the most serious violent offences, including attempted murder. We can advise on:
- The strength of the evidence against you
- Potential defences, including lack of intent, self-defence, and diminished responsibility
- Whether a lesser charge may be appropriate
- Bail applications
- Preparation for Crown Court proceedings
Contact us today for a free initial consultation. Call us or use our online enquiry form to speak with a specialist solicitor, or on these numbers:
- London: 020 7624 7771
- Birmingham: 0121 614 3333
- Manchester: 0161 835 1638
- 24/7 Emergency Line: 07836 577 556
Frequently Asked Questions
How long do you go to prison for attempted murder?
The sentence for attempted murder depends on the circumstances of each case. The Sentencing Council’s offence range is 3 to 40 years’ custody, with the maximum being life imprisonment. The most common sentences fall between 10 and 30 years. Cases involving high culpability (such as premeditation or use of a firearm) and serious harm to the victim attract higher sentences, while cases involving lesser culpability (such as excessive self-defence) may result in sentences towards the lower end.
Is there a mandatory minimum sentence for attempted murder?
No. Unlike murder, which carries a mandatory life sentence with a minimum term, attempted murder has no mandatory minimum sentence. The bottom of the Sentencing Council’s offence range is 3 years’ custody. The court has full discretion to impose a sentence appropriate to the specific circumstances.
Can attempted murder charges be dropped?
Yes, in certain circumstances. The Crown Prosecution Service (CPS) may decide to drop or reduce an attempted murder charge if there is insufficient evidence to prove the specific intent to kill, or if it is not in the public interest to proceed. In some cases, the charge may be reduced to a lesser offence such as GBH with intent or ABH. A specialist solicitor can make representations to the CPS on your behalf.
What is the difference between attempted murder and GBH?
The key difference is intent. Attempted murder requires proof that the defendant intended to kill the victim. GBH with intent (section 18) only requires proof that the defendant intended to cause really serious bodily harm. Because intent to kill is harder to prove, attempted murder charges are sometimes reduced to section 18 GBH during the legal process. The maximum sentence for both offences is life imprisonment, but sentencing ranges differ significantly.
Can you get bail for attempted murder?
Bail for attempted murder is difficult but not impossible to obtain. The court must consider each case on its merits. Factors such as the strength of the evidence, the defendant’s ties to the community, previous convictions, and the risk of further offending or absconding will all be taken into account. An experienced solicitor can prepare a bail application setting out why bail should be granted.
What defences are available for attempted murder?
Several defences may be available depending on the circumstances:
- Lack of intent: Arguing the defendant did not intend to kill (potentially reducing the charge to GBH)
- Self-defence: The defendant used reasonable force to protect themselves or another person
- Duress: The defendant was forced to act under threat of death or serious injury
- Alibi: The defendant was not present at the scene