This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Learn how attempted murder charges are filed and reviewed in England and Wales, including legal definitions under the Criminal Attempts Act 1981, police investigation practices, CPS charging decisions, court procedure, evidential standards, penalties and key practical issues in serious violence prosecutions.
Attempted murder is one of the most serious offences in the criminal justice system in England and Wales. It arises when a person does an act that goes beyond preparation with the intention to kill, but the intended victim survives. Because it involves conduct that comes close to taking a life, police and prosecutors carefully assess evidence before formally charging a suspect. This article explains how attempted murder charges are made, what legal standards apply, how the Crown Prosecution Service (CPS) reviews evidence and decides on prosecution, how such cases proceed through the courts, and key practical issues that can arise for defendants and the wider public.
Defining Attempted Murder
Legal Elements of the Offence
Attempted murder is defined under section 1(1) of the Criminal Attempts Act 1981. To secure a conviction, the prosecution must prove two elements:
- The actus reus: the defendant performed an act that was “more than merely preparatory” to killing another person.
- The mens rea: the defendant had a specific intention to kill at the time of the act.
This means that mere planning or preparation is not enough - there must be direct conduct towards committing the killing itself. For example, shooting at someone and missing can amount to attempted murder if the shooter intended to kill.
Difference from Murder
While murder also requires an intention to kill or to cause grievous bodily harm, attempted murder requires proof that the defendant specifically intended to kill, not merely to cause serious injury. This makes attempted murder a distinct offence with unique evidential challenges.
How Investigations Begin
Police Role
The police typically initiate investigations when conduct suggests an assault with potentially lethal consequences. This can arise from emergency calls, attending a crime scene, forensic evidence, witness accounts, CCTV footage, or medical records showing life‑threatening injuries. Officers gather evidence such as:
- Statements from victims and witnesses.
- Forensic and medical reports.
- CCTV or body‑worn camera footage.
- Seized weapons or physical evidence.
If the police have reasonable grounds to suspect attempted murder, they may arrest the suspect under the Police and Criminal Evidence Act 1984 for questioning under caution.
Early Charging Decisions
For serious violence offences like attempted murder, the police often refer the case at an early stage to the Crown Prosecution Service (CPS) for advice on charging. This is to ensure compliance with legal requirements and appropriate charge selection before the suspect is formally charged.
How the Crown Prosecution Service Decides to Charge
Full Code Test
The CPS applies the Code for Crown Prosecutors when deciding whether to authorise a charge of attempted murder. The Full Code Test, applied in two stages, is central:
- Evidential Stage: Is there sufficient evidence to provide a realistic prospect of conviction? This means a properly directed jury would be more likely than not to convict based on available material.
- Public Interest Stage: Even if the evidential threshold is met, the prosecutor must decide whether it is in the public interest to prosecute, considering factors such as harm, culpability, victim impact, and wider community considerations.
If the Full Code Test is not met but the suspect is in custody and further evidence could be obtained, the Threshold Test may be considered. This allows charging in limited circumstances when there are reasonable grounds to suspect the offence and that further evidence is likely and urgent.
Evidential Considerations Specific to Attempted Murder
Prosecutors consider whether evidence supports that the suspect's actions went beyond preparation and that they specifically intended to kill. Indicators can include:
- Use of a weapon capable of causing death.
- Severity and nature of injuries inflicted.
- Statements or admissions by the suspect indicating intention.
- Planning or preparatory conduct that directly leads to an attempt.
Absence of clear evidence of intention to kill may lead to alternative charges (such as grievous bodily harm or reckless wounding), which prosecutors may pursue if appropriate.
From Charge to Court
Indictable‑Only Offence
Attempted murder is an indictable‑only offence, meaning it must be tried in the Crown Court, not the magistrates' court. Crown Court hearings involve a judge and jury, reflecting the seriousness of the charge.
Arraignment and Plea
Once charged, the defendant is formally arraigned and asked to enter a plea at an initial Crown Court hearing. If a not guilty plea is entered, the case proceeds to trial. If the defendant pleads guilty, the court will move to sentencing.
Review and Pre‑Trial Considerations
Continuing Disclosure and Review
After charging, both the prosecution and defence have ongoing responsibilities to review and disclose relevant evidence. Police and CPS retain obligations to provide any material that may assist the defence.
Bail and Custody Decisions
Defendants charged with attempted murder are often held on remand given the gravity of the offence and potential risk to public safety. However, bail may be considered in limited circumstances, subject to strict conditions and judicial oversight.
Sentencing and Penalties
Attempted murder carries a maximum penalty of life imprisonment, reflecting its proximity to the most serious criminal offence of homicide. The Sentencing Council's guidelines indicate an offence range typically between 3 and 40 years' custody depending on culpability and harm. Judges can impose extended sentences in cases with aggravating features such as use of a weapon, organised violence or terrorism links.
Common Questions and Practical Issues
Can Charges Change After Initial Filing?
Yes. If further evidence emerges (for example, if the victim dies after an attempted murder charge), prosecutors may consider charging the defendant with murder, subject to evidential review and sometimes additional authority (such as Attorney General consent in exceptional cases). Often careful assessment of evidence and legal thresholds is required before amending charges.
What If Intent Is Hard to Prove?
Attempted murder prosecutions hinge on proving specific intent. If intent to kill is unclear but serious harm is evident, prosecutors may pursue alternative serious violence charges such as wounding with intent (OAPA section 18) or grievous bodily harm offences, which carry significant sentences but require different mental elements.
Do All Attempted Murder Investigations Result in Charges?
Not necessarily. If evidence does not meet the CPS's evidential or public interest criteria, the case may result in no further action or alternate charges. This was illustrated in a recent high‑profile decision where the CPS declined to charge attempted murder after concluding the evidential test was not met, even where allegations were serious.
Summary
Attempted murder charges in England and Wales arise under the Criminal Attempts Act 1981 when a person goes beyond preparation with the intent to kill but the victim survives. Police investigations must gather strong evidence of both conduct and intent, and charging decisions are made by the CPS using the Full Code Test. Attempted murder is an indictable‑only offence tried in the Crown Court, with potential life sentences and substantial custodial terms. Understanding how charges are filed, reviewed and progressed through the criminal justice system helps clarify the thresholds and processes that apply in serious violence cases.
