Manslaughter (Common Law)

Manslaughter is a common law offence. It is primarily committed in one of three ways: killing with the intent for murder but where a partial defence applies (loss of control, diminished responsibility or killing pursuant to a suicide pact), which is commonly called voluntary manslaughter; conduct that was grossly negligent given the risk of death, and did kill (gross negligence manslaughter); and conduct taking the form of an unlawful act involving a danger of some harm that resulted in death (unlawful and dangerous act manslaughter), the last two being involuntary manslaughter (CPS legal guidance, Homicide: Murder, manslaughter, infanticide and causing or allowing the death or serious injury of a child or vulnerable adult). Where an unlawful killing is done without an intention to kill or to cause grievous bodily harm, the suspect is to be charged with manslaughter not murder; apart from the absence of the requisite intent, all other elements of the offence are the same as for murder. Maximum sentence: whosoever shall be convicted of manslaughter shall be liable, at the discretion of the court, to be kept in penal servitude for life (Offences against the Person Act 1861, s.5, as the text reads with words repealed); the CPS guidance gives manslaughter as carrying sentences up to a maximum of life imprisonment.

In practice

This is an indictable-only offence: it must be tried at the Crown Court. The charging decision rests with the CPS (not police). Officers should photograph injuries at the earliest opportunity and again after 24-48 hours (bruising develops). Domestic abuse cases require completion of a DASH risk assessment. The suspect must be cautioned in accordance with Code C PACE 1984 before any questions about the offence are put to them. Interviews must be audio-recorded (Code E) or, for indictable offences, may be visually recorded (Code F).