(contrary to section 1(1) Criminal Attempts Act 1981)
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This offence is committed when a person does an act that is more than merely preparatory to the commission of an offence of murder, and at the time the person has the intention to kill.
It is an indictable only offence, which carries a maximum penalty of imprisonment for life.
Unlike murder, which requires an intention to kill or cause grievous bodily harm, attempted murder requires evidence of an intention to kill alone.
It should be borne in mind that the actions of the defendant must be more than merely preparatory and although words and threats may provide prima facie evidence of an intention to kill, there may be doubt as to whether they were uttered seriously or were mere bravado.
Evidence of the following factors may be considered in the intention to kill:
- calculated planning;
- selection and use of a deadly weapon;
- threats (subject to the paragraph above on bravado);
- severity or duration of attack;
- relevant admissions in interview
This article is based on public sector information licensed under the Open Government Licence v2.0. The original information can be found here; https://www.cps.gov.uk/legal-guidance/public-order-offences-incorporating-charging-standard