Manslaughter by Reason of Loss of Control (Sections 54-56 Coroners and Justice Act 2009)

Manslaughter by reason of loss of control is the conviction that results where the partial defence in s.54 Coroners and Justice Act 2009 applies to a charge of murder. Where a person ("D") kills or is a party to the killing of another ("V"), D is not to be convicted of murder if D's acts and omissions in doing or being a party to the killing resulted from D's loss of self-control, the loss of self-control had a qualifying trigger, and a person of D's sex and age, with a normal degree of tolerance and self-restraint and in the circumstances of D, might have reacted in the same or in a similar way to D (s.54(1)). It does not matter whether or not the loss of control was sudden (s.54(2)), and the defence does not apply if D acted in a considered desire for revenge (s.54(4)). A loss of self-control had a qualifying trigger if it was attributable to D's fear of serious violence from V against D or another identified person, or to a thing or things done or said which constituted circumstances of an extremely grave character and caused D to have a justifiable sense of being seriously wronged, or to a combination of the two (s.55(2) to (5)); the fact that a thing done or said constituted sexual infidelity is to be disregarded (s.55(6)(c)). If sufficient evidence is adduced to raise an issue with respect to the defence, the jury must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not (s.54(5)). A person who, but for the section, would be liable to be convicted of murder is liable instead to be convicted of manslaughter (s.54(7)). 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court, to be kept in penal servitude for life (Offences against the Person Act 1861, s.5, as the text reads with words repealed); the CPS guidance gives manslaughter as carrying sentences up to a maximum of life imprisonment (CPS legal guidance, Homicide: Murder, manslaughter, infanticide and causing or allowing the death or serious injury of a child or vulnerable adult).

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).