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Crime

Murder and Manslaughter Solicitors

Murder and manslaughter are two of the most serious criminal offences, with the potential for a sentence of up to life imprisonment on conviction. Getting legal representation from a criminal defence team with specialist experience in these types of charges is therefore essential if you find yourself charged with such an offence.

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Being arrested is always likely to be confusing and scary, but it is normal to feel lost and alone when it involves such serious charges. At JD Spicer Zeb, our criminal defence solicitors have more than 45 years of experience with murder and manslaughter cases, so can provide immediate reassurance that your case is in safe hands.

We can be by your side through every stage of the investigation and any resulting prosecution, making sure you understand the charges and evidence against you and your legal options. We can also offer sympathetic personal support to help you get through this difficult time.

Our murder and manslaughter solicitors are highly experienced in finding flaws in the cases against our clients, meaning we are often able to see charges dropped before they reach court, as well as having a strong track record of securing not guilty verdicts in court. Where a conviction cannot be avoided, we will always offer realistic guidance and robust representation to minimise the criminal penalties.

Our murder and manslaughter solicitors provide:

  • 24/7 legal support in person and over the phone, 365 days a year
  • Representation anywhere in England or Wales
  • Accredited Police Station Representatives to support you during a police interview
  • Clear, effective legal advice in any language (see our languages spoken)

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Speak to our murder and manslaughter solicitors today

For a free initial consultation on your legal position and the available options, contact our local offices in LondonBirmingham or Manchester.

For urgent advice at any time of day or night regarding a murder or manslaughter charge, please call our Emergency Number 07836 577 556.

Our expertise with murder and manslaughter charges

We offer over 45 years of experience representing people accused of the most serious criminal offences, including murder and manslaughter. Our specialist manslaughter and murder solicitors have a detailed understanding of how these offences work, so can make sure your defence is conducted effectively from the very first stage of proceedings.

From your first contact with the police, we will be by your side, making sure you understand the case against you and your defence options. We can also advise you if you have concerns before the police interview or arrest.

Our team is highly skilled in dealing with the various types of evidence relied on for these types of serious criminal cases, including forensics, such as fingerprint and DNA analysis, digital evidence, such as mobile phone records and text messages, and witness testimony. As a result, we can work effectively to identify any potential flaws in the case against you and make sure any evidence needed to support your defence is brought to light.

With strong advocacy experience and working relationships with some of the UK’s leading murder and manslaughter barristers in London and the UK, we will always be able to offer you the very best representation if your case goes to trial.

Our expertise in handling criminal law matters, including those related to murder and manslaughter, is reflected through our Law Society accreditation for Criminal Litigation. We also hold the Lexcel accreditation for the consistently high standards of our legal practice.

What to do if you are arrested for murder or manslaughter

If you are arrested on suspicion of murder or manslaughter, remembering your legal rights can help you avoid unintentionally saying or doing anything that could undermine your defence.

The four key points to keep in mind following an arrest are:

  1. You do not have to answer any questions asked by the police. If you do,  understanding your case and how the criminal justice system works is essential. Therefore, legal advice should be taken before saying anything.
  2. You should never answer any police questions without a solicitor present.
  3. You have the right to free legal representation.
  4. You can use the duty solicitor available or choose your own lawyer.

When making an arrest, officers are required to tell you the specific offence or offences you are accused of committing. They must also caution you with the words:

You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.”

After a police interview in connection to a suspected offence of murder or manslaughter, the potential outcomes include:

  • Release with no further action
  • Release under investigation
  • Release on pre-charge bail
  • Detention in custody
  • Charging with a specific offence

If you are charged with murder or manslaughter:

  • a hearing date will be set; and
  • you will either be:
    • released on bail (unless you have been charged with murder, in which case you cannot be bailed); or
    • kept in custody until your court hearing.

If you are released with no further action or under investigation, you can still potentially be rearrested or summoned to attend a court hearing at any time.

How can we help?

Common questions

We always work with the most experienced and best leading UK barristers, KCs (Kings Counsel). We cover all criminal cases 24/7 at the police station and court. Offices in London, Birmingham, and Manchester cover cases across England and Wales. We can offer Legal Aid and affordable Private fee agreements. We can see you the same day, including virtually. Our Senior Partners supervise all of our cases.

How quickly do you respond?

We respond quickly even during out of hours. We do not get our work by paying for online adverts but based on the fact that few criminal law firms can match our 45 years of experience. Most of our cases are still from word-of-mouth recommendations from satisfied clients. We are called daily by dissatisfied clients from firms with less experience than us. We respond very quickly to new enquiries. We know what clients seek and so we update clients rapidly.

Can you get cases dropped?

Yes, read about the recent cases we've helped our clients with here.

We always keep you updated and give straightforward advice. We will get cases dropped early where the case is weak or should not be prosecuted. We will be upfront with you about where you can benefit from a good result with an early guilty plea, such as a discount on your sentence. As we work on cases across all levels with clients from all walks of life, we are excellent at giving clear, spot-on advice. As an established firm, we can allocate a whole team to your case often at short notice to secure evidence to minimise the damage to you. 

Have you won any awards?

OUR PROFESSIONAL BODY THE LAW SOCIETY AWARDED US IN OCTOBER 2020 WITH THE EXCELLENCE IN CLIENT SERVICE AWARD AND STATED - 

"JD Spicer Zeb demonstrated a clear commitment to client service through their work with vulnerable and diverse individuals in what can be severely traumatic circumstances".

Do you offer free consultations?

Where it is possible, we aim to provide an initial consultation to you. If we can speak to you, we can if required inform you about  –

  • Whether we can take the case on and our relevant experience.
  • Public and private funding benefits.
  • Assistance in applying for legal aid where we are likely to accept instructions.
  • An outline of options in police interview only. We will not advise you on which option to adopt.
  • Providing our free written guide explaining the police station process.
  • The gravity of routine and day-to-day offences you face.
  • Consequences of not attending the court or police station.
  • Consequences of interfering with any witnesses.
  • Retaining any evidence in support of your case.
  • If possible an outline of the elements of the offence that the police or CPS must prove.
  • This consultation will normally be by telephone or email and will only be for as long as we deem necessary to establish if we can act for you. If we cannot usefully give you any advice in this manner then we will not continue with the consultation. We will not discuss the case in depth for you to be able to decide on your plea or any significant aspect of the case, as this cannot be undertaken informally.
  • Referring you, if possible, to other firms for matters out of our specialism or if we cannot help.

Consultations do not apply to the following cases –

  • If we do not intend to take the case on.
  • Road Traffic cases, drink driving, drug driving, driving bans, speeding, no insurance, mobile phone use, points etc.
  • In all cases where we do not have the capacity to take your case or the availability of suitably qualified staff to provide an initial free consultation. This is applicable in all cases but especially where a more senior lawyer is required because of your personal needs or the complexity of the case.
  • Harassment/stalking/ coercive behaviour/malicious communications or road traffic cases and most sensitive cases. These cases are often too complicated to assess in short consultations.
  • The locations concerned may be too distant to represent you adequately or it may not be cost-effective for you or us.
  • The case is too complicated to assess or raises various charges or facts, complexity, or history to be considered informally or in a short consultation.
  • In most Legal aid transfers where legal aid is granted to another firm except in very grave cases, we may assess the case and merits for a transfer.
  • If your relationship has broken down with your existing solicitor or several solicitors.
  • If you have been released under investigation and have already had a police station attendance. 
  • If you hold legal aid with another firm and seek a second opinion.
  • If you are calling on behalf of the client as a friend or family member unless you have full authority and full facts.
  • To businesses.
  • Advising whether you were given good advice by your other solicitor.
  • Whether to decide to plead guilty or not guilty.
  • Whether you have an arguable defence in law or factually complicated defences.
  • Any advice you have had after your first court appearance.
  • Any advice on appeal on conviction or sentence.
  • If we feel we are unable to communicate with you.
  • If we are likely to be conflicted or breach our professional rules.

Pre-charge bail

During a murder or manslaughter case, you may be released on pre-charge bail while the police make a charging decision.

While released on pre-charge bail, you may be subject to certain bail conditions, such as being unable to go to certain places or visiting the police station at certain times.

To find out more in relation to pre-charge bail, please use the links provided below:

Fees and funding

Our murder and manslaughter solicitors are always transparent with regard to fees.

Legal Aid may be available in some cases and will depend on the seriousness of the case, your current financial situation and whether it justifies the grant of public funding.

For clients who do not qualify for Legal Aid, the alternative option will be to fund a case privately.

To find out more about the way our murder and manslaughter solicitors handle fees (both Legal Aid and private fees), please use the links provided below:

Related offences

We also provide support and guidance on various other matters that are related to murder and manslaughter, including:

Related cases

Our murder and manslaughter lawyers have experience in handling various cases, such as:

Common questions about murder and manslaughter

What are the offences of murder and manslaughter?

Murder and manslaughter are both forms of unlawful killing. Whilst murder refers to a single offence, manslaughter encompasses four separate offences, which can be divided into two types: voluntary and involuntary.

Voluntary manslaughter is made up of the offences of:

  • manslaughter by reason of loss of control
  • manslaughter by reason of diminished responsibility

These are the offences with which a person is convicted upon a successful plea of a partial defence to a murder charge. Offences of voluntary manslaughter are, therefore, quite similar to murder.

Involuntary manslaughter refers to the offences of:

  • unlawful act manslaughter (sometimes called ‘constructive manslaughter’); and
  • gross negligence manslaughter.

These offences have their own individual requirements, and involuntary manslaughter is, therefore, much more distinct from murder.

How is murder defined by law?

Murder is the most serious form of homicide and is committed when a person:

  1. unlawfully kills another person;
  2. with the intention to kill or cause grievous bodily harm (i.e. really serious harm);
  3. is of ‘sound mind and discretion’ at the time of the killing

What counts as unlawful killing?

All killing is unlawful unless the victim:

  1. was killed in self-defence;
  2. was killed by necessity (albeit in very limited circumstances, such as where it was necessary to kill one person in order to save another, such as with conjoined twins);
  3. was not under the King’s peace (i.e. is killed in the course of war)

It is for the Crown to disprove these matters if they are raised by the defence.

What is killing of another ‘person’?

In order for the killing to be of another ‘person’, the victim must be a human being and not:

  1. a foetus;
  2. a person who has suffered brain death.

What if the killing is an accident?

Accidental killing, where there was no intention to cause death, can still constitute murder if there was the intention to commit grievous bodily harm (really serious harm).

Thus, if a person intends to unlawfully cause serious harm to another but accidentally causes death instead, this will be murder. Serious harm in this context can include injuries such as broken bones, stab wounds and blunt force trauma.

When is a person of ‘sound mind and discretion’?

A person will be of ‘sound mind and discretion’ unless one of the following defences applies:

  1. insanity;
  2. loss of control;
  3. diminished responsibility

What happens if a person is not of ‘sound mind and discretion’ at the time of the killing?

If a person unlawfully kills another person with intent to kill or cause grievous bodily harm but was not of ‘sound mind and discretion’ at the time of the killing, that person cannot be found ‘guilty’ of murder. However, this does not mean that there will be an acquittal; rather, the result will depend on the defence raised.

Thus, if the person is found to have been insane at the time of the killing, there will be a special verdict of ‘not guilty by reason of insanity’. The court must then make a hospital order, a supervision order, or an order for an absolute discharge.

Conversely, if a person successfully pleads loss of control or diminished responsibility, this will result in a conviction for the lesser charge of voluntary manslaughter.

How is manslaughter defined by law?

Manslaughter refers to the category of offences which criminalise unlawful killing that does not meet the requirements of murder. There are two main forms of manslaughter:

  1. voluntary manslaughter;
  2. involuntary manslaughter.

The key difference is that voluntary manslaughter, like murder, requires an intention to kill or cause grievous bodily harm, whereas involuntary manslaughter does not.

What is voluntary manslaughter?

Voluntary manslaughter is essentially a ‘reduced murder charge’. It is committed when a person unlawfully kills another, with intent to kill or cause grievous bodily harm, but is not of ‘sound mind and discretion’ at the time of the killing due to loss of control or diminished responsibility.

Where a person charged with murder has a partial defence, this will result in a conviction of one of the offences of voluntary manslaughter:

  • manslaughter by reason of loss of control;
  • manslaughter by reason of diminished responsibility.

Thus, a murder charge is a prerequisite to a conviction for an offence of voluntary manslaughter.

What is loss of control?

Loss of control is a partial defence to murder, which results in a conviction for the lesser offence of voluntary manslaughter. Manslaughter by reason of loss of control is committed where a person:

  1. unlawfully kills another person;
  2. with the intention to kill or cause grievous bodily harm; but
  3. it happens because of a loss of self-control;
  4. the loss of self-control had a ‘qualifying trigger’;
  5. another person of the same sex and age, with a normal degree of tolerance and self-restraint, might have reacted in the same or in a similar way in those circumstances

Importantly, not all instances of loss of self-control will be sufficient. A person’s loss of self-control must have had a ‘qualifying trigger’, which means that it must have been caused by:

  1. a fear that the victim was going to commit serious violence against a specific person; or
  2. a justifiable sense of being seriously wronged due to things said or done that constituted circumstances of an extremely grave character; or
  3.  a combination of the two

What is diminished responsibility?

Diminished responsibility is a partial defence to murder, which results in a conviction for voluntary manslaughter. Manslaughter by reason of diminished responsibility is committed where a person:

  1. unlawfully kills another person;
  2. with the intention to kill or cause grievous bodily harm; but
  3. it happens, at least in significant part, because of an abnormality of mental functioning;
  4. the abnormality of mental functioning substantially impairs the person’s ability to exercise self-control, form a rational judgment, or understand the nature of the conduct; and the abnormality of mental functioning arises from a recognised medical condition.

What is involuntary manslaughter?

Conversely, a person can be charged with an offence of involuntary manslaughter from the outset without ever having faced a murder charge. Thus, if you are arrested on suspicion of ‘manslaughter’, this will be for one of the offences of involuntary manslaughter:

  • unlawful act manslaughter; or
  • gross negligence manslaughter.

The requirements for the offences of involuntary manslaughter are clearly distinct from those for murder.

What is Unlawful Act Manslaughter?

Unlawful act manslaughter (sometimes referred to as ‘constructive manslaughter’) is a serious criminal offence which is committed when a person:

  1. does an unlawful act which constitutes a criminal offence (the ‘base offence’);
  2. has sufficient mens rea (knowledge of wrongdoing) for the base offence;
  3. the act carries a risk of some physical harm; and
  4. the act causes the death of another person.

What is Gross Negligence Manslaughter?

Gross negligence manslaughter is a serious criminal offence which is committed when a person:

  1. owes a duty of care to another person;
  2. breaches that duty of care;
  3. the other person dies because of that breach; and
  4. the breach is so bad in all the circumstances that it should be considered criminal.

When will a person owe a duty of care to another person?

Generally, a defendant owes a duty of care to another person where it is reasonably foreseeable that the defendant’s acts will cause someone like the other person to suffer some kind of physical harm.

However, the concept of duty of care has been developed on a case-by-case basis, and therefore it is not always clear whether a person owes a duty of care to another person.

When will a person breach a duty of care?

A duty of care will be breached where a defendant does an act which a reasonable person, in the same circumstances, would not have done.

Thus, a duty of care will be breached where:

  1. the defendant does an act which causes another person physical harm;
  2. a reasonable person would have foreseen that the act would cause some kind of physical harm; and
  3. a reasonable person would not have done the act.

The standard of the ‘reasonable person’ is the same for everybody; a person’s particular level of competence or capability is irrelevant. Hence, if the defendant does an act which a person of reasonable intelligence or rationality would not have done, there will be a breach of duty of care, even if the defendant genuinely thought that it was a reasonable thing to do.

There is one exception to this: where the defendant is under the age of 18, the duty of care will only be breached if a reasonable person of the defendant’s age would not have acted in the same way.

Can a person breach a duty of care by doing nothing?

The general rule is that a duty of care will not be breached by an omission. This means that a defendant generally cannot breach a duty of care by not doing something. Thus, if you fail to rescue a person who is drowning, this will typically not constitute gross negligence manslaughter, even if a reasonable person would have attempted rescue in the same circumstances.

However, there are certain exceptional circumstances in which failing to act in a way that a reasonable person would does constitute a breach of a duty of care. In such a case, the defendant will breach the duty of care by doing nothing.

These circumstances typically arise when the defendant and the other person have a' special relationship’. This can be based on a pre-existing relationship, such as:

  • medical professional (e.g. doctor, nurse, surgeon) and patient;
  • parent and child;
  • teacher and pupil.

However, a ‘special relationship’ can also be created between the defendant and the other person, such as when:

  • the defendant creates a dangerous situation which puts the other person at risk of danger;
  • the defendant assumes responsibility for the safety of the other person; and
  • the defendant is in control of a third party who risks harming the other person.

Thus, if a doctor does not provide a reasonable standard of medical care to a patient, this will be a breach of duty. Similarly, if a person starts a fire near somebody’s house and fails to take reasonable steps to put it out, this will be a breach of duty. If death is caused in either of these situations, this could constitute gross negligence manslaughter.

When will a breach be so bad that it should be considered criminal?

A defendant’s breach of duty will be so bad that it should be considered criminal where the defendant’s conduct:

  1. gave rise to a serious and obvious risk of death; and
  2. fell so far below the standards of a reasonable person that it was truly exceptionally bad and, therefore, requires criminal sanction.

Since this is ultimately a question for the jury, it is crucial that you seek advice from a legal team that specialises in manslaughter cases to help you to build the strongest defence possible, giving you the best chance of securing a positive outcome for your case.

What is the difference between murder and manslaughter?

The key differences between the offence of murder and those of manslaughter are:

  1. the mens rea (the ‘mental’ element);
  2. the sentence; and
  3. the available defences.

The mens rea

A criminal offence usually requires the defendant to have a particular mental state, called the mens rea.

For the offences of murder, manslaughter by reason of loss of control, and manslaughter by reason of diminished responsibility, there must be the intention to kill or cause grievous bodily harm.

However, a person can commit the offences of involuntary manslaughter with no intention to cause any harm whatsoever, let alone to kill.

Unlawful act manslaughter is premised on the commission of an unlawful act, or ‘base offence’. Provided the mens rea requirements for that ‘base offence’ are met, this will be sufficient for the offence of manslaughter.

Thus, if the ‘base offence’ is arson, the defendant need only have been reckless in the consideration of whether property belonging to another would be destroyed or damaged in order to be convicted of unlawful act manslaughter. This is a stark contrast to the intent to kill or cause serious harm required for murder and voluntary manslaughter.

The offence of gross negligence manslaughter demands even less in terms of a defendant’s mental state: there are no mens rea requirements at all. This means that gross negligence manslaughter can technically be committed by a person who was actively trying to prevent death. Of course, it is unlikely that such conduct would be deemed bad enough to be considered criminal (a requirement of gross negligence manslaughter), but it remains possible.

In summary:

  • Murder – you must intend to kill or cause grievous bodily harm
  • Manslaughter by reason of loss of control – you must intend to kill or cause grievous bodily harm
  • Manslaughter by reason of diminished responsibility – you must intend to kill or cause grievous bodily harm
  • Unlawful act manslaughter – you must satisfy the mens rea requirements of the ‘base offence’, but not intend to kill or cause grievous bodily harm
  • Gross negligence manslaughter – you must not intend to kill or cause grievous bodily harm, but otherwise, your mental state is not preclusive of conviction.

The sentence

The sentence that you can receive upon conviction differs widely between the offences of murder and manslaughter.

Murder carries a mandatory life sentence. This means that a person convicted of murder will be subject to criminal supervision for life: a minimum term will be spent in custody, and any release will be on licence. Further, a person convicted of the most serious cases of murder will be sentenced to a life sentence with a ‘whole life order’, meaning there is no chance of release.

  • Murder – life imprisonment

Conversely, whilst the offences of manslaughter can result in a life sentence, this is discretionary. This means that a judge can decide whether or not to give a life sentence, and most often they will choose not to. The sentence that a person convicted of manslaughter will receive depends heavily on the facts of the case, and can range anywhere between:

  • Manslaughter by reason of loss of control – 3 to 20 years’ imprisonment
  • Manslaughter by reason of diminished responsibility – 3 to 40 years’ imprisonment
  • Unlawful act manslaughter – 1 to 24 years’ imprisonment
  • Gross negligence manslaughter – 1 to 18 years’ imprisonment

Thus, the time you will serve in prison is impacted heavily by the particular homicide offence you commit.

The available defences

If you are found to have satisfied all of the elements of a criminal offence, you may still be acquitted if you successfully raise a defence. However, the defences available will vary depending on the offence.

Given the gravity of the offence of murder, defendants can rely on fewer complete defences. However, there are also special partial defences to a charge of murder, which will reduce the charge to manslaughter.

The defences available to a charge of murder, and their effects, are:

  • Self-defence – an acquittal
  • Necessity – an acquittal
  • Automatism – an acquittal
  • Insanity – a special verdict of ‘not guilty by reason of insanity’
  • Loss of control – a charge of manslaughter by reason of loss of control
  • Diminished responsibility – a charge of manslaughter by reason of diminished responsibility

Given that voluntary manslaughter is already the result of a successful defence plea, there are no defences available to charges of manslaughter by reason of loss of control or manslaughter by reason of diminished responsibility.

Further, given how high the threshold is for satisfying all of the elements for gross negligence manslaughter, once they are found to be satisfied, there are no defences available.

However, whilst there are no special partial defences to unlawful act manslaughter, there is a much wider range of complete defences. This is because any defence to the ‘base offence’ will also operate as a defence to the manslaughter charge, as there can be no unlawful act manslaughter where there is no unlawful act.

Thus, the following defences are always available to a charge of unlawful act manslaughter:

  • Self-defence – an acquittal
  • Duress – an acquittal
  • Automatism – an acquittal
  • Insanity – a special verdict of ‘not guilty by reason of insanity’

However, the following defence may also be available depending on the ‘base offence’:

  • Consent – an acquittal

Contact our murder and manslaughter solicitors now

If you are due to attend the police station for interview, have been charged with murder or manslaughter, or require any urgent specialist advice or immediate representation, please do not hesitate to get in touch with our solicitors for murder and manslaughter today.

You can contact a member of our dedicated team of criminal defence lawyers in London, Birmingham, and Manchester by telephone at:

Or email: solicitors@jdspicer.co.uk

Alternatively, you can fill out our quick online enquiry form, and we will get back to you as soon as possible.

24/7 legal representation for murder and manslaughter

Please get in touch for a free initial consultation with one of our experts in defences against murder and manslaughter, as well as for immediate advice and representation.

For immediate representation and advice, you can contact our Emergency Number: 07836 577 556 and we will provide you with the urgent assistance you need.

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