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06 Sep 2024

Manslaughter is a serious crime, and any allegations need to be taken seriously. Even allegations that turn out to be false or unproven are treated with the utmost seriousness.

Then comes the sentencing when someone is proven to have committed manslaughter. Even those going through the legal process might find it confusing. Add in the emotions involved, and it can be an overwhelming process.

Understanding what’s involved in a manslaughter case, sentencing, and the larger consequences is paramount. Let’s dive into everything an accused needs to know.

Legal Framework for Manslaughter in England

Before diving into the sentencing surrounding manslaughter, it’s worth looking at the framework surrounding manslaughter across the country. The crime can be split into voluntary and involuntary manslaughter, and these are treated slightly differently by the law.

At least, that’s the case when it comes to sentencing, making it worth differentiating between them:

• Voluntary Manslaughter – This is when the accused intentionally kills someone, but they can argue partial self-defence. Diminished responsibility can play a role in this, too. Diminished mental capacity and extreme emotional states also play a role, with both of these still falling under voluntary manslaughter.
• Involuntary Manslaughter – These cases are when someone kills another person without intending to do so. Usually, this is because of reckless or negligent behaviour. There are several subcategories that fall into this, like gross negligence manslaughter.

Whether someone is accused and convicted of one of these instead of the other can make a noticeable impact on the trial and their sentencing.

Sentencing Guidelines

Once someone has been convicted of manslaughter, the case moves onto sentencing. This is when the amount of time the accused must spend in prison is figured out. There’s a specific process involved with this, and it’s not just a matter of picking a random amount of time.

Sentencing depends on multiple factors, including:

1. Degree of Culpability – Whether someone voluntarily or involuntarily committed manslaughter is an integral role in the sentencing. Voluntary manslaughter usually has a longer sentence than involuntary manslaughter.
2. Aggravating or Mitigating Circumstances – Aggravating factors include previous criminal history and similar factors, while mitigating factors include remorse and other areas. Each of these can impact the sentence a judge hands out.
3. Circumstances of the Crime – The exact circumstances surrounding the manslaughter can heavily impact the sentencing. The degree of negligence, provocation, and similar factors all play into this.
4. Victim Impact – The impact of the manslaughter on the victim’s family also plays a role in the sentence. The more they were impacted in various ways, the longer the sentence is likely to be.

Each of these has a significant impact on the sentencing. They explain why some perpetrators get a relatively low sentence, while others get a much longer one. Naturally, the exact circumstances of the case will dictate the sentencing.

That doesn’t mean this is the only consequence an accused could experience.

Consequences of a Conviction

Even being accused of manslaughter brings multiple consequences for the accused themselves. These can even be seen when they’re innocent, but the consequences can be felt long after they’re proven innocent. When actually convicted, however, these can be more severe.

The sentencing and imprisonment is just the tip of the iceberg. The consequences of being convicted of manslaughter include:

• Criminal Record – Being convicted of any crime results in a criminal record, and this is relatively easily found by members of the public. This can impact employment opportunities and the ability to travel to certain countries.
• Enrolment in Rehabilitation Programs – On top of imprisonment, people convicted of manslaughter may be enrolled in rehabilitation programs. These are designed to minimise the risk of reoffending and are typically done while they’re in prison.
• Compensation Orders – In some cases, someone convicted of manslaughter may be ordered to pay compensation to the victim’s family. This is to make them financially whole after the loss of a member of their family.

While these consequences typically last a predetermined amount of time, like a specified prison sentence, others can last longer than that.

Being convicted of manslaughter often brings a lifelong stigma to those found guilty. This affects a person’s reputation for the rest of their lives, and it can then impact their relationships and personal well-being.

The Importance of Legal Defence

When accused of manslaughter, it’s vital to get legal representation. It has a significant impact on the entire process, and it even plays a role in the sentencing and other areas. The value of a trained legal professional can’t be understated.

This is important for several reasons, including:

1. Building a Legal Defence – Perhaps the most obvious reason to hire a lawyer during a manslaughter case is they represent the accused to the best of their ability. There’s a significant difference in a lawyer’s ability to build a legal defence and what someone can do on their own.
2. Navigating Legal Complexities – Speaking of building a legal defence, the legalities surrounding a manslaughter case are complex. They’re confusing for many people who aren’t skilled and experienced in the area. Lawyers provide the needed counsel while protecting an accused’s rights.
3. Minimising Consequences of a Conviction – When convicted, a legal professional can help the accused minimise the consequences associated with the conviction. This can be a lower sentence than they otherwise would’ve gotten, for example. There’ll still be repercussions, but these mightn’t be as severe as they otherwise could be.

Manslaughter is a serious crime, and is treated as such by the legal system. When convicted, the accused faces significant repercussions, especially when it comes to the prison time they’re sentenced to.

Seeking legal help is vital during the process, and it’s best that this is done as early as possible. They’ll help the accused understand exactly what they’re charged with, while also navigating the legal system. They’ll also help the accused understand their rights during the process, while also supporting and counselling them during the entire process.

Anyone accused of manslaughter would do well to get in touch with a trained professional as quickly as possible.