Capital Murder

Capital murder was a statutory offence of aggravated murder in Great Britain and Northern Ireland and the Republic of Ireland. In the United States, a capital murder is any murder that makes the perpetrator eligible for the death penalty.

In Great Britain, this offence was created by section 5 of the Homicide Act 1957. Previously all murders carried the death penalty on conviction, but the 1957 Act limited the death penalty to the following cases:

In all other cases murder carried the mandatory penalty of imprisonment for life.
Section 1 of the Murder (Abolition of Death Penalty) Act 1965 abolished the separate category of capital murder, and all murders now carry the mandatory penalty of imprisonment for life.

In Northern Ireland, this offence was created by section 10 of the Criminal Justice Act (Northern Ireland) 1966.

On the trial of an indictment for capital murder, the jury could not return an alternative verdict to the offence charged in that indictment under section 6(2) of the Criminal Law Act (Northern Ireland) 1967.

Sections 1(4) and (5) of the Northern Ireland (Emergency Provisions) Act 1973 read:

(4) For the purpose of any proceedings on or subsequent to a person's trial on a charge of capital murder, that charge and any plea or finding of guilty of capital murder shall be treated as being or having been a charge, or a plea or finding of guilty, of murder only; and if at the commencement of this Act a person is under a sentence of death for capital murder, the sentence shall have effect as a sentence of imprisonment for life.

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