Soliciting to murder

Last updated

Soliciting to murder is a statutory offence of incitement in England and Wales and Northern Ireland and the Republic of Ireland.

Contents

In common parlance, the act of soliciting to murder may be thought of as "hiring a hitman", though the word "hiring" is used loosely, and the act requires no financial transaction to qualify as such. Merely the intent to engage another in an act of murder qualifies as soliciting.

England and Wales

This offence is created by section 4 of the Offences against the Person Act 1861 which reads:

... whosoever shall solicit, encourage, persuade, or endeavour to persuade, or shall propose to any person, to murder any other person, whether he be a subject of Her Majesty or not, and whether he be within the Queen’s dominions or not, shall be guilty of a misdemeanor, and being convicted thereof shall be liable ... to [imprisonment for life] ...

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The words omitted at the beginning were repealed by sections 5(10)(a) and 65(5) of, and Schedule 13 to, the Criminal Law Act 1977.

The words omitted elsewhere were repealed by the Statute Law Revision Act 1892.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, [1] 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. [3]

Mode of trial

Soliciting to murder is an indictable-only offence. [4]

Sentence

Soliciting to murder is punishable with imprisonment for life or for any shorter term. [5]

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. [6]

From 1948 [7] to 8 September 1977, the maximum sentence was imprisonment for a term of ten years.

Northern Ireland

This offence is created by section 4 of the Offences against the Person Act 1861. The penalty was increased by article 5(1) of the Criminal Law (Northern Ireland) Order 1977 (S.I. 1977/1249 (N.I. 16)).

Republic of Ireland

This offence is created by section 4 of the Offences against the Person Act 1861. [8]

Related Research Articles

Grievous bodily harm is a term used in English criminal law to describe the severest forms of battery. It refers to two offences that are respectively created by sections 18 and 20 of the Offences against the Person Act 1861. The distinction between these two sections is the requirement of specific intent for section 18; the offence under section 18 is variously referred to as "wounding with intent" or "causing grievous bodily harm with intent", whereas the offence under section 20 is variously referred to as "unlawful wounding", "malicious wounding" or "inflicting grievous bodily harm".

In criminal law, incitement is the encouragement of another person to commit a crime. Depending on the jurisdiction, some or all types of incitement may be illegal. Where illegal, it is known as an inchoate offense, where harm is intended but may or may not have actually occurred.

Concealment of birth is the act of a parent failing to report the birth of a child. The term is sometimes used to refer to hiding the birth of a child from friends or family, but is most often used when the appropriate authorities have not been informed about a stillbirth or the death of a newborn. This is a crime in many countries, with varying punishments.

Offences Against the Person Act 1861 UK criminal statute

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. For the most part these provisions were, according to the draftsman of the Act, incorporated with little or no variation in their phraseology. It is one of a group of Acts sometimes referred to as the Criminal Law Consolidation Acts 1861. It was passed with the object of simplifying the law. It is essentially a revised version of an earlier Consolidation Act, the Offences Against the Person Act 1828, incorporating subsequent statutes.

Theft Act 1978 United Kingdom legislation

The Theft Act 1978 is an Act of the Parliament of the United Kingdom. It supplemented the earlier deception offences contained in sections 15 and 16 of the Theft Act 1968 by reforming some aspects of those offences and adding new provisions. See also the Fraud Act 2006.

Assault occasioning actual bodily harm is a statutory offence of aggravated assault in England and Wales, Northern Ireland, the Australian Capital Territory, New South Wales, Hong Kong and the Solomon Islands. It has been abolished in the Republic of Ireland and in South Australia, but replaced with a similar offence.

Common assault is an offence in English law. It is committed by a person who causes another person to apprehend the immediate use of unlawful violence by the defendant. In England and Wales, the penalty and mode of trial for this offence is provided by section 39 of the Criminal Justice Act 1988.

Malicious Damage Act 1861 United Kingdom legislation

The Malicious Damage Act 1861 is an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It consolidated provisions related to malicious damage from a number of earlier statutes into a single Act. For the most part these provisions were, according to the draftsman of the Act, incorporated with little or no variation in their phraseology. It is one of a group of Acts sometimes referred to as the Criminal Law Consolidation Acts 1861. It was passed with the object of simplifying the law. It is essentially a revised version of an earlier consolidation Act, the Malicious Injuries to Property Act 1827, incorporating subsequent statutes.

Conspiracy to defraud is an offence under the common law of England and Wales and Northern Ireland.

Criminal damage in English law United Kingdom legislation

Criminal damage in English law was originally a common law offence. The offence was largely concerned with the protection of dwellings and the food supply, and few sanctions were imposed for damaging personal property. Liability was originally restricted to the payment of damages by way of compensation.

Gaming Act 1845 United Kingdom legislation

The Gaming Act 1845 was an Act of the Parliament of the United Kingdom. The Act's principal provision was to deem a wager unenforceable as a legal contract. The Act received royal assent on 8 August 1845. Sections 17 and 18, though amended, remained in force until 1 September 2007.

Polygamous marriages may not be performed in the United Kingdom, and if a polygamous marriage is performed, the already-married person may be guilty of the crime of bigamy under section 11 of the Matrimonial Causes Act 1973.

Burglary is a statutory offence in England and Wales.

Official Secrets Act 1920 United Kingdom legislation

The Official Secrets Act 1920 is an Act of the Parliament of the United Kingdom.

Accessories and Abettors Act 1861 United Kingdom legislation

The Accessories and Abettors Act 1861 is a mainly repealed Act of the Parliament of the United Kingdom of Great Britain and Ireland. It consolidated statutory English criminal law related to accomplices, including many classes of encouragers (inciters). Mainly its offences were, according to the draftsman of the Act, replacement enactments with little or no variation in phraseology. It is one of a group of Acts sometimes referred to as the Criminal Law Consolidation Acts 1861. It was passed with the object of simplifying the law. It collected the relevant parts of Peel's Acts and others.

Libel Act 1843 United Kingdom legislation

The Libel Act 1843, commonly known as Lord Campbell's Libel Act, was an Act of the Parliament of the United Kingdom. It enacted several important codifications of and modifications to the common law tort of libel.

Causing bodily harm by wanton or furious driving is a statutory offence in England and Wales and Northern Ireland. It has been abolished in the Republic of Ireland.

Assault with intent to resist arrest is a statutory offence of aggravated assault in England and Wales and Northern Ireland and the Republic of Ireland.

Conspiracy to murder is a statutory offence defined by the intent to commit murder.

Perjury Act 1911 United Kingdom legislation

The Perjury Act 1911 is an Act of the Parliament of the United Kingdom. It creates the offence of perjury and a number of similar offences.

References

  1. The Criminal Law Act 1977 (Commencement No. 1) Order 1977 (S.I. 1977/1365)
  2. In this case, the defendant published an article in a newspaper the gist of which was that the recent assassination of the Russian Tsar was wonderful news and was to be held up as an example to revolutionaries everywhere. He was convicted.
  3. The Visiting Forces Act 1952, section 3(6) and Schedule, paragraph 1(b)(i)
  4. "Soliciting to Murder:Offences against the Person: Sentencing Manual: Legal Guidance: The Crown Prosecution Service". Archived from the original on 2011-11-13. Retrieved 2011-09-12.
  5. The Offences against the Person Act 1861, section 4 (as amended by section 5(10)(b) of the Criminal Law Act 1977).
  6. "Offences Against the Person Act 1861".
  7. The Criminal Justice Act 1948, section 1(1)
  8. The Irish Statute Book says that has been neither repealed nor otherwise amended.