Murder & Manslaughter – Sentencing

Key point: murder always results in a life sentence; manslaughter sentences range widely and depend on culpability and harm. 

Common Misunderstandings in Murder Cases 

Bail: bail is very rare in murder cases. Magistrates’ courts cannot grant bail for murder; any application goes to the Crown Court and the test is strict. Manslaughter bail is possible but still depends on risk and seriousness. This means that the first bail application will be a couple of days after being charged.  

Intent and seriousness: lack of intent may reduce murder to manslaughter. 

What the sentence reflects: sentence mainly reflects the offender’s culpability and public protection. 

Appeals: Appeals are time-limited: the normal deadline to appeal conviction or sentence from the Crown Court is short, so urgent legal advice matters. 

“Life imprisonment means they’ll never get out.”: Not exactly. A life sentence means the person is under a life-long sentence, but most life-sentenced prisoners are eventually released on licence if they are deemed safe, after serving a long minimum period in prison. Only those with a “whole life order” are truly never released (see below). However, even after release, a life-sentenced person remains on licence (parole) and can be recalled to prison anytime for breaking rules or if they’re considered a risk. A high-profile example is that of Jon Venables, one of the killers of toddler Jamie Bulger, who has been recalled to prison on two occasions for breaching the conditions of his licence. 

“The sentence reflects how much the victim’s life was ‘worth”:  Many families are upset if a sentence seems too short for a life lost. It’s important to know that sentences in homicide cases are not a measurement of the value of the victim’s life the law considers the value of every life incalculable. Instead, sentences are aimed at punishing the offender’s culpability and protecting the public, given the circumstances of the crime. However, any conviction for murder will still result in a life sentence, the difference is in the length of the minimum term. 

“We have lots of time to figure out an appeal”: In reality, the window for appealing a conviction or sentence is short, only 28 days from the date of conviction or sentencing in the Crown Court. Seeking expert legal advice immediately after a conviction is critical if you are considering an appeal. Families should know this is a time-sensitive process. 

After Being Charged: Custody, Bail, and Waiting for Trial 

First court appearance: the accused usually appears in the Magistrates’ Court shortly after charge. Murder cases are sent to the Crown Court. 

Remand vs bail: in murder cases, remand in custody is the norm and bail is exceptional. In manslaughter cases, bail may be possible but is still assessed carefully (risk of absconding, reoffending, or interfering with witnesses). 

Waiting for trial: homicide cases often take many months to reach trial, especially if the case is complex or there are multiple defendants. 

Impact on the family: if remanded in custody, families usually rely on visits, calls and letters. If bailed, strict conditions are common. The defence team can explain what contact and support is appropriate. 

Can you get bail in a murder case? 

At the first court hearings, the question of where the accused will stay until trial is decided. For most murder charges, the default is to keep the defendant in custody (on remand) until trial, due to the seriousness of the offence. Bail is uncommon in murder cases. In fact, by law, a murder defendant can only be granted bail by a Crown Court judge, not by magistrates. The judge must be satisfied there is no significant risk that the person, if released, would commit further offences or interfere with justice. This is a high standard, considering a person accused of murder may be seen as a risk to public safety or a flight risk. In practice, bail is rarely granted in murder cases – it tends to happen only in exceptional circumstances (for example, serious health issues or insufficient evidence at that stage), and usually with strict conditions (like electronic tagging, house curfew, etc. if it ever occurs). Families should be mentally prepared for the likelihood that an accused will remain in custody until the trial. 

Can you get bail for manslaughter? 

For manslaughter charges, bail is more likely than in murder cases, since manslaughter can encompass a wide range of situations. There is no automatic prohibition on bail for manslaughter. Courts will consider factors like the defendant’s past record, the seriousness of the allegations, risk of re-offending, and likelihood of appearing at trial. Each case is decided individually. 

Implications for the Family 

If your loved one is remanded in custody, it means they will be held in prison while awaiting trial. This can be very hard on families emotionally and logistically. You will need to learn how to arrange prison visits, phone calls, or written communications (see the section “How Sentencing Affects the Family” below for guidance on staying in touch). If bail is granted, the accused will be living in the community under certain conditions (like residing at a certain address, no contact with witnesses, possibly an electronic tag, etc.) until the trial date although, this scenario is unusual in murder cases. Always follow the advice of the legal team about bail applications. 

For defendants in custody, families can expect limited contact – usually visits and phone calls – during this time due to prison rules (details on contact are discussed later). It’s a stressful period of uncertainty for everyone involved. Try to maintain communication with the defencesolicitor or barrister for updates and consider seeking support services for families of prisoners to help cope during the wait. 

How long will the accused be in prison awaiting trial?  

This depends on how complex the case is and how busy the courts are. Custody cases are prioritised but a trial is unlikely to be heard within less than six months. 

Sentencing for Murder: Life Imprisonment and What It Means 

Minimum term: the judge sets the earliest parole eligibility date by specifying a minimum number of years to be served in prison. 

Parole is not automatic: after the minimum term, release depends on the Parole Board deciding the person can be safely managed in the community. 

Licence for life: if released, the person stays on life licence with conditions and can be recalled to prison if risk increases or rules are broken. 

What “Life” Means: A life sentence means the person is subject to the sentence for the rest of their life; but it does not always mean spending the rest of life in prison. Instead, the judge will set a minimum prison term (in years). The offender must stay in prison at least that long. After that, they may be released on parole if they are deemed safe (release is not automatic). If and when they are released, they remain “on life licence” which lasts until death. Being on licence means they must follow strict conditions (supervision by probation, restrictions on movement or contacts, etc.). If they break the rules or seem to pose a risk, they can be recalled to prison at any time, no matter how long it’s been since release.  

In other words, even if a life-sentenced person is living in the community after parole, they’re not truly “free” – they are serving their sentence outside prison under watch. Only death or an official pardon can truly discharge a life sentence. 

Whole Life Orders: There are instances where life does mean life behind bars: these are Whole Life Orders, discussed below, where no parole is available.  

How the Minimum Term is Decided (Schedule 21 and Seriousness) 

Starting points: common starting points for adults include 15 years (general cases), 25 years (where a weapon is taken to the scene and used), 30 years (for particularly serious features such as firearms/explosives, killings for gain or to obstruct justice), and in the rarest cases a whole life order (no parole). 

Aggravating/mitigating factors: the judge considers features that increase seriousness (planning, vulnerability, multiple victims, sadistic conduct, abuse of trust, concealment) and features that reduce it (lack of premeditation, intention short of killing, significant mental disorder, mercy motive, youth). 

Guilty plea: a guilty plea cannot avoid the life sentence, but it can reduce the minimum term (usually more if the plea is earlier). 

The main starting points for murder for adult offenders (18 or over) are: 

15 years: This is the normal starting point for murders that don’t fall into more serious specified categories. Many single-victim murders fall into this category by default, absent special aggravating features. 

25 years: This starting point applies typically to murders involving a weapon (like a knife) brought to the scene and used in the killing. Parliament added this category to address concerns about offenders who go out armed and kill someone – for example, an adult who takes a knife to commit an offence and ends up killing with it will have a 25-year starting point for the minimum term. This can be harsh in a joint enterprise case involving the use of a knife, where secondary and lesser involved defendants can be subject to the same 25 year starting point. All the jury needs to be satisfied is that they intended to assist or encourage an attack and really serious harm was intended – even if death was not intended. 

30 years: This higher starting point is for several types of especially serious murders, such as killings involving firearms or explosives, murders done for financial gain (e.g. during a robbery), to obstruct justice, or murders involving especially heinous cruelty or targeting (such as sexually or racially motivated murders). Until recently, this category also included murders of police/prison officers and certain terror-related murders – those now can fall under the whole-life category (see below). 

What is a Whole Life Order? 

For the most exceptionally grave cases, the starting point is a whole life term (meaning no release – lifetime in prison). Examples include serial or multiple murders with aggravating factors (especially if premeditated or involving sexual or sadistic conduct), murders of children involving abduction or sexual/sadistic motive, killing a police or prison officer on duty, terrorist or politically motivated murders, or repeat murderers (someone who’s convicted of murder after a prior murder conviction). Recent examples are serial killer, the nurse Lucy Letby and police killer Dale Cregan. 

In these cases, the law’s starting point is that life should mean life (no parole) for offenders aged 21 or over. (Offenders who were under 21 at the time of the crime generally have lower starting points, since youths are treated differently; for example, for an 18–20-year-old in a case that would otherwise merit a whole life term, the starting point is typically 30 years.) An example of an offender under the age of 21 is Axel Rudakubana who would ordinarily have received a whole life term. However, due to him being under the age of 21 he received a life sentence with a minimum term of 52 years. 

After choosing a starting point category, the judge will consider any aggravating or mitigating factors to decide if the minimum term should be higher or lower than that starting figure. The judge weighs these factors to decide on a final minimum term that is fair for that case. 

The judge will announce in court the length of the minimum term (in years and months). This number reflects the earliest point at which the offender can apply for parole. For example: if someone is given life with a 20-year minimum, they must serve 20 years in prison before being eligible for release. 

Do you get credit for a guilty plea in murder cases? 

If the defendant pleaded guilty to the murder, the judge will take that into account. However, since the life sentence is mandatory for murder, a guilty plea doesn’t avoid that – but it can reduce the minimum term. The reduction isn’t a fixed amount, but generally earlier guilty pleas get a larger discount. (As a rough example, a plea at the first opportunity might get up to one-sixth off the minimum term, although by convention in murder cases this reduction is often capped – judges commonly reduce the term by something like one or two years for early pleas, depending on the circumstances. The exact discount is at the judge’s discretion, within the guidelines. So yes, a guilty plea can reduce a murderer’s minimum time in prison, but even with a reduction, the sentence is still life imprisonment. 

Sentencing for Manslaughter: Ranges and When Life is Possible 

Maximum penalty: manslaughter can be punished by up to life imprisonment, but most cases receive a fixed-term sentence. 

Type matters: judges sentence differently for (a) gross negligence (a very serious breach of a duty of care), (b) unlawful act (a dangerous unlawful act leading to death), and (c) voluntary manslaughter where a partial defence reduces murder (e.g., loss of control or diminished responsibility). 

When life is possible: a life sentence is discretionary and generally considered only where the offence is exceptionally serious and the offender is assessed as a continuing danger.

Guilty plea: as with other offences, an earlier guilty plea can reduce the sentence. 

After Sentencing: Prison Life, Parole, and Release on Licence 

Prison category and progression: people convicted of homicide often start in higher security conditions. Over time, some move to lower security as risk reduces and rehabilitation work is completed. 

Daily life and rehabilitation: routines, work/education and behaviour programmes matter, including for future risk assessments. 

Parole (life sentences): reaching the minimum term triggers a Parole Board review; release depends on risk and may be refused and reconsidered later. 

Release on licence: if released, strict conditions apply. Life licence lasts for life and recall to prison is possible if conditions are breached or risk increases. 

Whole life orders: there is no parole route; release is only possible in exceptionally rare compassionate circumstances. 

Olliers Solicitors – Specialist Murder and Manslaughter Solicitors  

For anyone facing an allegation of murder (or manslaughter) their choice of defence team will be one of the biggest decisions they ever make. And, if a suspect is in custody, guidance from family or friends may be required. And, because murder investigations and prosecutions move quickly, it is important to get the right team in place as quickly as possible. That team must have a proven track record in acting in the most serious cases. 

Established in the 1980s, Olliers has represented clients in over 100 murder trials and numerous complex investigations, consistently achieving outstanding results. Few, if any firms in the country can match our level of experience in the defence of serious crime allegations.  

We have a team over 30 defence lawyers, many are rated as ‘Leaders in their Field’. Olliers is ranked as a top tier law firm by both the authoritative guides to the legal profession, namely the Legal 500 2026 and Chambers Guide 2026. We are a Times Best Law Firm 2026. We are the 2025 Manchester Legal Awards Crime Team of the Year, an award we have won for the past three years and eight times since 2011. We are available 24 hours a day 365 days a year and we provide nationwide coverage.

FAQs: Sentencing for Murder and Manslaughter (England & Wales)