Soliciting to murder
Encyclopedia
Soliciting to murder is a statutory offence of incitement
in England and Wales
and Northern Ireland
and the Republic of Ireland
.
which reads:
Textual amendments
The words omitted at the beginning were repealed by sections 5(10)(a) and 65(5) of, and Schedule 13 to, the Criminal Law Act 1977
.
The words omitted elsewhere were repealed by the Statute Law Revision Act 1892.
The words "imprisonment for life" were substituted for the words from "be kept" to "years", on 8 September 1977, by section 5(10)(b) of the Criminal Law Act 1977
.
Case law
The following cases are relevant:
Visiting forces
Soliciting to murder is an offence against the person
for the purposes of section 3 of the Visiting Forces Act 1952
.
Mode of trial
Soliciting to murder is an indictable-only offence.
Sentence
Soliciting to murder is punishable with imprisonment for life or for any shorter term.
See the Crown Prosecution Service sentencing manual.
The following cases are relevant:
Orders on conviction
As to violent offender orders, see section 98(3) of the Criminal Justice and Immigration Act 2008
.
History
Initially, a person guilty of an offence under section 4 was liable on conviction to penal servitude for a term not more than ten and not less than three years or to be imprisoned for a term not exceeding two years, with or without hard labour.
From 1948 to 8 September 1977, the maximum sentence was imprisonment for a term of ten years.
Incitement
In English criminal law, incitement was an anticipatory common law offence and was the act of persuading, encouraging, instigating, pressuring, or threatening so as to cause another to commit a crime....
in England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
and Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
and the Republic of Ireland
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
.
England and Wales
This offence is created by section 4 of the Offences against the Person Act 1861Offences Against The Person Act 1861
The Offences against the Person Act 1861 is an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It consolidated provisions related to offences against the person from a number of earlier statutes into a single Act...
which reads:
Textual amendments
The words omitted at the beginning were repealed by sections 5(10)(a) and 65(5) of, and Schedule 13 to, the Criminal Law Act 1977
Criminal Law Act 1977
The Criminal Law Act 1977 is an Act of the Parliament of the United Kingdom. Most of it only applies to England and Wales. It is mainly significant because it defines the offence of conspiracy in English law...
.
The words omitted elsewhere were repealed by the Statute Law Revision Act 1892.
The words "imprisonment for life" were substituted for the words from "be kept" to "years", on 8 September 1977, by section 5(10)(b) of the Criminal Law Act 1977
Criminal Law Act 1977
The Criminal Law Act 1977 is an Act of the Parliament of the United Kingdom. Most of it only applies to England and Wales. It is mainly significant because it defines the offence of conspiracy in English law...
.
Case law
The following cases are relevant:
- R v Fox (1870) 19 WR 109 (Ir)
- R v Banks (1873) 12 Cox 393
- R v Ransford (1874) 13 Cox 9, (1874) 3 LT 488, CCRCourt for Crown Cases ReservedThe Court for Crown Cases Reserved was an English appellate court for criminal cases established in 1848 to hear references from the trial judge. It did not allow a retrial, only judgment on a point of law. Neither did it create a right of appeal and only a few selected cases were heard every...
- R v Most (1881) 7 QBD 244, (1881) 14 Cox 583, (1881) 45 JP 696
- R v Bourtzeff (1898) 127 CCC Sess Pap 284
- R v McCarthy [1903] 2 IR 146
- R v Krause, 66 JP 121, 18 TLR 238
- R v Antonelli and Barberi (1905) 70 JP 4
- R v Shephard [1919] 2 KB 125, 14 Cr App R 26, CCA
Visiting forces
Soliciting to murder is an offence against the person
Offence against the person
In criminal law, an offence against the person usually refers to a crime which is committed by direct physical harm or force being applied to another person.They are usually analysed by division into the following categories:*Fatal offences*Sexual offences...
for the purposes of section 3 of the Visiting Forces Act 1952
Visiting Forces Act 1952
The Visiting Forces Act 1952 is an Act of the Parliament of the United Kingdom. provides immunity against prosecution for certain offences in the courts of United Kingdom by members of visiting forces and, by virtue of the 1964 Act, international headquarters...
.
Mode of trial
Soliciting to murder is an indictable-only offence.
Sentence
Soliciting to murder is punishable with imprisonment for life or for any shorter term.
See the Crown Prosecution Service sentencing manual.
The following cases are relevant:
- R v Raw (1983) 5 Cr App R (S) 229
- Houseley and Kibble [1994] 15 Cr App R (S) 155
- R v Adamthwaite [1994] 15 Cr App R (S) 241
- Attorney-General's Reference No 43 of 1996 (Costaine) [1997] 1 Cr App R (S) 378
- R v Robinson [2003] 2 Cr App R (S) 13
- R v Montague [2004] 1 Cr App R (S) 137
- R v Rai [2006] 2 Cr App R (S) 13
- R v Saleem, Javad and Muhid [2008] 2 Cr App R (S) 12
- R v Hills [2007] EWCA Crim 3152, [2008] 2 Cr App R (S) 29
Orders on conviction
As to violent offender orders, see section 98(3) of the Criminal Justice and Immigration Act 2008
Criminal Justice and Immigration Act 2008
The Criminal Justice and Immigration Act 2008 is an Act of the Parliament of the United Kingdom which makes significant changes in many areas of the criminal justice system in England and Wales and, to a lesser extent, in Scotland and Northern Ireland...
.
History
Initially, a person guilty of an offence under section 4 was liable on conviction to penal servitude for a term not more than ten and not less than three years or to be imprisoned for a term not exceeding two years, with or without hard labour.
From 1948 to 8 September 1977, the maximum sentence was imprisonment for a term of ten years.