Killing another person, without intending to do so, can be charged as the criminal offence of ‘manslaughter’.

Manslaughter is a very serious offence. Some examples of manslaughter can attract a life sentence in prison. Yet, to account for the wide ranged instances of manslaughter, the sentences available to the court for manslaughter vary widely.

Not all accidental killings will attract a prosecution.

What is the difference between murder and manslaughter?

An individual is guilty of murder if they kill another person intentionally. An individual is guilty of manslaughter if they unintentionally kill another person and their ‘culpability’ is still to a criminal level.

What is manslaughter?

There are two types of manslaughter – voluntary and involuntary.

Involuntary manslaughter – A killing without any intention to kill

Unlawful Act Manslaughter

• This covers deaths which are caused by an unlawful, criminal act. However, for the offence to be made out, the act must be such that a reasonable person would recognise it puts another person at risk of some harm. Convictions for unlawful act manslaughter tend to lead to higher sentences than involuntary manslaughter.

Gross Negligence Manslaughter

• If a person owes a duty of care to another person, breaches it and causes the person to die, this can lead to a prosecution for manslaughter. The test is whether the negligent behaviour was so negligent and poor as to be properly criminal. Parents who cause the death of their child through negligence can be charged with manslaughter in this way.

Voluntary manslaughter ­­– A killing where intention to kill is present but reduced

If an offence is charged as murder but the defence successfully raise a defence of loss of control or diminished responsibility, the murder charge is downgraded to a charge of voluntary manslaughter.

I have been arrested for manslaughter, what do I do?

If you have been arrested for manslaughter, you will be taken to a police station and interviewed under caution. You have a right to free legal representation at the police station and will be offered a ‘duty’ solicitor but you can ask for a different one. You may, at this point, ask for ABV Solicitors.

If charged, you will then appear before the magistrates court to answer the charge.

Even if you have been invited to a ‘voluntary’ interview in connection with an act of homicide, we recommend you take legal advice to protect your position.

Should you choose us, we will allocate a specialist homicide solicitor. With a conviction for manslaughter potentially carrying a life sentence, instructing an experienced professional to organise your defence is very important.

If your case is already under way, or you do not have confidence in your current legal representatives, it is not too late to instruct us. Call ABV Solicitors on 0344 587 9996 to speak to one of our expert lawyers or visit our website at www.abvsolicitors.co.uk.