Unlawful Act Manslaughter (Common Law)

Unlawful Act Manslaughter is a form of involuntary manslaughter at common law: conduct taking the form of an unlawful act involving a danger of some harm that resulted in death. The prosecution must prove an intentional act (not omission); that the intentional act is unlawful; and that it is an act which all sober and reasonable people would inevitably realise must subject the victim to at least some risk of harm (CPS legal guidance, Homicide: Murder, manslaughter, infanticide and causing or allowing the death or serious injury of a child or vulnerable adult). No unlawful act occurs for this purpose where a person only supplies drugs or materials to another, who then administers the drug themselves and dies (R v Kennedy (Simon) (2007) 3 WLR 612, as cited in the CPS guidance). 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court, to be kept in penal servitude for life (Offences against the Person Act 1861, s.5, as the text reads with words repealed); the CPS guidance gives manslaughter as carrying sentences up to a maximum of life imprisonment.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).