How Are Attempted Murder Cases Heard in Court?

Attempted murder is one of the most serious criminal offences in England and Wales. It involves taking a substantial step towards killing someone, coupled with the specific intention to kill, even if the attempt does not succeed. Because of its severity, attempted murder is prosecuted through the most serious tier of the criminal justice system, the Crown Court, and heard before a judge and jury. This article explains, step by step, how attempted murder cases proceed from investigation and charging through court hearings, trial, verdict and sentencing, using up‑to‑date information from authoritative UK legal sources.

What Is Attempted Murder?

Attempted murder arises where a person:

• Intends to kill another person, and
• Has taken an act that goes beyond mere preparation, showing a clear step towards committing murder.

This legal concept is established under the Criminal Attempts Act 1981, which makes it an offence to attempt to commit a crime, including murder, and abolishes the common law offence of attempt.

Because intention (mens rea) is central, the prosecution must prove both the defendant's intention to kill and that their conduct constituted more than merely preparatory acts toward that goal.

Step 1 - Investigation and Arrest

When a suspected attempted murder occurs (for example a stabbing or shooting), the police launch an investigation. This includes:

• Securing the crime scene and collecting physical evidence.
• Taking witness statements.
• Conducting forensic and digital analysis.
• Interviewing suspects under caution.

If the evidence suggests a person has taken a substantial step towards killing with intent, the police may arrest that person. Evidence gathered at this stage is crucial for later court proceedings.

Once a suspect is arrested, the police detention process and interview procedures require strict compliance with PACE (Police and Criminal Evidence Act 1984) to ensure the admissibility of evidence later in court.

Step 2 - Charging Decision by the CPS

After investigation, the police refer the case to the Crown Prosecution Service (CPS), which applies the Code for Crown Prosecutors to decide whether to charge. The CPS considers whether:

• There is sufficient evidence for a realistic prospect of conviction on attempted murder or other offences, and
• It is in the public interest to prosecute.

Attempted murder has specific charging criteria because it requires proof of intent to kill. If the evidence of intent is weak, prosecutors might consider alternative charges (such as wounding with intent, making an offence under the Offences against the Person Act 1861) that better fit the available evidence. However, if there is compelling evidence of intent, an attempted murder charge will be authorised.

Once authorised, the CPS issues an indictment and the suspect becomes a defendant in criminal proceedings.

Step 3 - First Court Appearance

All criminal prosecutions start in a magistrates' court. However, because attempted murder is a serious indictable‑only offence, its trial will be in the Crown Court. At the first hearing:

• The magistrates' court conducts the arraignment, reading the indictment and asking the defendant whether they plead guilty or not guilty.
• Bail or custody decisions are considered.
• The case is then sent to the Crown Court for trial because magistrates have limited sentencing powers and cannot try the offence themselves.

This initial hearing ensures the defendant understands the charge before facing trial at Crown Court.

Step 4 - Plea and Trial Preparation Hearing

In the Crown Court, the first substantive hearing is known as the Plea and Trial Preparation Hearing (PTPH). At this stage:

• The indictment is formally presented and the defendant enters or confirms their plea.
• The court sets a timetable for the trial, including deadlines for disclosure of evidence.
• Directions are made for any legal issues to be resolved before the trial.

The judge oversees case management to ensure both prosecution and defence comply with procedural requirements before the full trial commences. This structured preparation is essential in complex, high‑stakes cases such as attempted murder.

Step 5 - Disclosure and Evidence Exchange

Before the trial, both sides must exchange relevant material:

• The prosecution must disclose all evidence they intend to rely on, and any material that might assist the defence.
• The defence discloses any evidence it intends to introduce, such as alibi material or expert reports.

In attempted murder cases, evidence might include forensic analysis, witness testimony, CCTV footage, medical reports on injuries, and digital communications. Proper disclosure ensures the trial proceeds fairly and efficiently.

Step 6 - Trial Before a Jury

Attempted murder trials are conducted in the Crown Court before a jury of 12 members of the public. The court also includes a judge, who:

• Oversees the legal process and procedure.
• Gives the jury guidance on legal principles.
• Decides on sentencing if there is a conviction.

During the trial:

1. The prosecution opens its case, explaining the facts it alleges and the evidence it will present.
2. Witnesses are called and cross‑examined.
3. The defence presents its case, which may include challenging the prosecution's evidence or offering alternative explanations.
4. Both sides make closing speeches summarising their positions.

The jury's job is to decide whether the prosecution has proved:

• The defendant took a substantial step towards killing the victim, and
• The defendant had the intent to kill.

If the prosecution fails to meet this beyond reasonable doubt standard, the jury must acquit.

Step 7 - Verdict and Sentencing

Verdict

At the end of the trial, the jury returns a verdict:

• Not Guilty - the defendant is acquitted and free to go.
• Guilty - the case moves to sentencing.

Sentencing

Unlike murder, attempted murder does not carry a mandatory life sentence, but it can attract a discretionary life sentence or a long fixed term, depending on the circumstances of the case. The judge considers:

• The level of intent and planning.
• The weapon used and harm caused.
• Aggravating factors such as premeditation or vulnerability of the victim.
• Mitigating factors such as the defendant's background.

Sentencing follows guidelines from the Sentencing Council, which provide structured factors for judges to apply. Attempted murder sentences often range from lengthy determinate terms to life imprisonment in particularly serious cases.

Practical Considerations

Victim Impact and Special Measures

Victims may be entitled to special measures in court, such as video links or screens to avoid direct confrontation, depending on vulnerability or trauma. Victims can also prepare a Victim Personal Statement explaining the impact of the attempted murder on their life, which the court may consider at sentencing.

Remand and Custody Time Limits

Defendants charged with attempted murder are often remanded in custody until trial due to the seriousness of the offence. There are legal custody time limits that restrict how long a defendant can be held without a trial date, and delays in Crown Court scheduling may affect these limits. Delays have recently been highlighted in news reporting concerning coronial backlogs.

Key Takeaways

Attempted murder cases in England and Wales follow a rigorous and structured path through the criminal courts:

1. Investigation and arrest by police based on evidence of intent to kill.
2. Charging decision by the CPS applying evidential and public interest tests.
3. First hearing in magistrates' court and transfer to Crown Court.
4. Plea and trial preparation hearing in Crown Court.
5. Disclosure and pre‑trial processes to share evidence.
6. Trial before a jury, where guilt must be proved beyond reasonable doubt.
7. Verdict and sentencing with potentially very long custodial terms.

Understanding this process clarifies what happens once someone is charged with attempted murder, emphasising how the criminal justice system balances rigorous evidence standards with fair procedure to protect both public safety and defendant rights.