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Gross Negligence Manslaughter (Common Law)

Common law

  • Indictable only
  • Life imprisonment

Definition

Conduct that was grossly negligent given the risk of death, and did kill ("gross negligence manslaughter"). The elements of this offence were stated concisely by the President of the Queen's Bench Division in Rudling [2016] EWCA Crim 741 at paragraph 18 as follows: "the breach of an existing duty of care which it is reasonably foreseeable gives rise to a serious and obvious risk of death and does, in fact, cause death in circumstances where, having regard to the risk of death, the conduct of the defendant was so bad in all the circumstances as to amount to a criminal act or omission". (CPS legal guidance, Homicide: Murder, manslaughter, infanticide and causing or allowing the death or serious injury of a child or vulnerable adult)

Points to prove

  1. A person
  2. owed an existing duty of care
  3. breached that duty
  4. it was reasonably foreseeable that the breach gave rise to a serious and obvious risk of death
  5. the breach did, in fact, cause death
  6. and, having regard to the risk of death, the conduct was so bad in all the circumstances as to amount to a criminal act or omission

Gross Negligence Manslaughter is a form of involuntary manslaughter at common law: conduct that was grossly negligent given the risk of death, and did kill. Its elements, as stated in Rudling [2016] EWCA Crim 741 and set out in the CPS guidance, are the breach of an existing duty of care which it is reasonably foreseeable gives rise to a serious and obvious risk of death and does, in fact, cause death in circumstances where, having regard to the risk of death, the conduct of the defendant was so bad in all the circumstances as to amount to a criminal act or omission (CPS legal guidance, Homicide: Murder, manslaughter, infanticide and causing or allowing the death or serious injury of a child or vulnerable adult). 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court, to be kept in penal servitude for life (Offences against the Person Act 1861, s.5, as the text reads with words repealed); the CPS guidance gives manslaughter as carrying sentences up to a maximum of life imprisonment.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).

Last updated 20 October 2026. Reviewed 20 October 2026