View source for Soliciting to murder

'''Soliciting to murder''' is a [[statutory]] [[offence (law)|offence]] of [[incitement]] in [[England and Wales]] and [[Northern Ireland]] and the [[Republic of Ireland]].
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:
{{Blockquote|...&nbsp;whosoever shall solicit, encourage, persuade, or endeavour to persuade, or shall propose to any person, to [[Murder in English law|murder]] any other person, whether he be a subject of His/Hers Majesty or not, and whether he be within the King’s/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The words omitted at the beginning were repealed by sections 5(10)(a) and 65(5) of, and Schedule 13 to, the [[Criminal Law Act 1977]].
The words omitted elsewhere were repealed by the [[Statute Law Revision Act 1892]].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,<ref>The [[Criminal Law Act 1977 (Commencement No. 1) Order 1977]] (S.I. 1977/1365)</ref> by section 5(10)(b) of the [[Criminal Law Act 1977]].
===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, [[Court for Crown Cases Reserved|CCR]]
*''R v Most'' (1881) 7 QBD 244, (1881) 14 Cox 583, (1881) 45 JP 696<ref>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.</ref>
*''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 [[Criminal Appeal Reports|Cr App R]] 26, [[Court of Criminal Appeal (England and Wales)|CCA]]
===Visiting forces===
Soliciting to murder is an [[offence against the person]] for the purposes of section 3 of the [[Visiting Forces Act 1952]].<ref>The [[Visiting Forces Act 1952]], section 3(6) and [http://www.legislation.gov.uk/ukpga/Geo6and1Eliz2/15-16/67/schedule Schedule], paragraph 1(b)(i)</ref>
===Mode of trial===
Soliciting to murder is an [[indictable-only offence]].<ref>{{cite web |url=http://www.cps.gov.uk/legal/s_to_u/sentencing_manual/soliciting_to_murder/ |title=Soliciting to Murder:Offences against the Person: Sentencing Manual: Legal Guidance: The Crown Prosecution Service |access-date=2011-09-12 |url-status=dead |archive-url=https://web.archive.org/web/20111113094953/http://www.cps.gov.uk/legal/s_to_u/sentencing_manual/soliciting_to_murder/ |archive-date=2011-11-13 }}</ref>
===Sentence===
Soliciting to murder is punishable with [[Life imprisonment in England and Wales|imprisonment for life]] or for any shorter term.<ref>The [[Offences against the Person Act 1861]], section 4 (as amended by section 5(10)(b) of the [[Criminal Law Act 1977]]).</ref>
See the [https://web.archive.org/web/20111113094953/http://www.cps.gov.uk/legal/s_to_u/sentencing_manual/soliciting_to_murder/ Crown Prosecution Service sentencing manual].
The following cases are relevant:
*''R v Raw'' (1983) 5 [[Criminal Appeal Reports (Sentencing)|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
*''[http://www.bailii.org/ew/cases/EWCA/Crim/1996/1113.html 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
*[http://www.bailii.org/ew/cases/EWCA/Crim/2007/3152.html ''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]].
===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]].<ref>{{cite web| url = http://www.legislation.gov.uk/ukpga/Vict/24-25/100/crossheading/homicide/enacted| title = Offences Against the Person Act 1861}} </ref>
From 1948<ref>The [[Criminal Justice Act 1948]], section 1(1)</ref> 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.<ref>The [http://www.irishstatutebook.ie/isbc/bps1861.html Irish Statute Book] says that has been neither repealed nor otherwise amended.</ref>
==References==
{{Reflist}}
{{English criminal law navbox}}
[[Category:Crimes]]