Voluntary and Involuntary Manslaughter

Have you been arrested on suspicion of voluntary manslaughter or involuntary manslaughter? Have you been charged with one of these very serious criminal offences? You can contact us 24-hours a day, seven days a week for an immediate free initial consultation, expert legal advice and representation.

With a number of languages spoken across our team and access to various accredited interpreters, we are able to offer clear, effective legal advice in any language. Our criminal defence lawyers are available 24/7 to clients across England and Wales, whether in person or by phone, so our legal expertise is always accessible to you.

For a free initial consultation on dealing with a charge of involuntary or voluntary manslaughter, please contact our local offices in London, Birmingham or Manchester.

Need immediate legal support for a manslaughter arrest? Our accredited Police Station Representatives and solicitors are available 24 hours a day, 365 days a year using the emergency numbers listed at the top of the page.

Our expertise with involuntary and voluntary manslaughter charges

Offering over 40 years of experience representing clients facing the most serious criminal charges, including for manslaughter, we can make sure that you are expertly defended from the very first stage of criminal proceedings.

Our team knows how these complex charges work and all of the various angles of defence, so can offer clear, confident advice and representation from your first contact with the police and through any subsequent investigation and prosecution.

With strong expertise in the various types of evidence relied on for these types of serious criminal cases, we can ensure any flaws in the case against you are properly identified and any evidence needed to support your case is effectively collected and considered. We work with leading experts in areas including forensics and digital evidence, as well as being highly skilled in collecting witness testimony.

Our team includes expert advocates, including in Crown Court, High Court, Court of Appeal and Supreme Court proceedings, and we work with some of the UK’s leading criminal defence barristers specialising in manslaughter prosecutions. This means we can always offer you the very best representation if your case goes to trial.

What to do if you are arrested for manslaughter

If you are arrested on suspicion of manslaughter, it is critical that you do not forget your legal rights as otherwise it can be all too easy to unintentionally say or do something that undermines your defence.

At all times, please keep in mind the following key points:

1. You do not have to answer any questions asked by the police. Whether to do so or not requires a thorough understanding of your case and how the criminal justice system works. 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.

At the point of arrest, the arresting officer must tell you the specific offence or offences you are accused of committing. They are also required to 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.”

Following a police interview in connection to a suspected manslaughter offence, the potential outcomes include:

• Release with no further action
• Release under investigation
• Detention in custody
• Charging with a specific offence

If you are charged with a manslaughter offence:

• A hearing date will be set
• You will either be:
  • Released on bail
  • Kept in custody until your court hearing

Should you be released with no further action or under investigation, you need to be aware that you can be rearrested or summonsed to attend a court hearing at any time.

What is the difference between voluntary and involuntary manslaughter?

A manslaughter offence can be considered either voluntary or involuntary, depending on the circumstances.

Involuntary manslaughter

An offence of involuntary manslaughter is committed where:

• The offender is found to have unlawfully killed someone
• At the time, the offender was of sound mind
• It cannot be proved that they had the intention to kill or cause really serious bodily harm to the person killed

There are two types of involuntary manslaughter:

Gross negligence manslaughter – Where the death is found to result from the defendant’s gross negligence.

Unlawful act manslaughter – Where the death is found to result from the defendant having committed an unlawful or dangerous act.

Voluntary manslaughter

An offence of voluntary manslaughter is committed where:

• The defendant is found to have unlawfully killed someone
• It can be shown that the defendant had the intent to kill or commit GBH
• The defence are able to prove that the defendant was not of sound mind at the time of the offence

The defendant may be considered not to have been of sound mind at the time of an offence if one of the following can be established:

Diminished responsibility – The defendant experienced an abnormality of mental functioning due to a recognised medical condition and this substantially affected their ability to understand the nature of their actions, to make a rational judgement and/or to exercise self-control.

Loss of control – The defendant feared serious violence would be done to them leading them to lose control of their actions with the result that they unlawfully killed someone.

For a loss of control defence, it must be shown that someone of the same age and sex as the defendant, who showed a normal degree of tolerance and self-restraint, might have reacted in a similar way under the same circumstances.

Penalties for manslaughter

The maximum available sentence on conviction for manslaughter is life imprisonment, with the starting point for sentencing depend on the type of manslaughter offence as follows:

Involuntary manslaughter:

Where the defendant is found guilty of involuntary manslaughter as it cannot be shown that there was intent to cause loss of list of grievous bodily harm (GBH):

Unlawful act manslaughter – 18 years’ custody.

Gross negligence manslaughter – 12 years’ custody.

Voluntary manslaughter

Where the defendant is convicted of an offence of voluntary manslaughter due to a partial defence of diminished responsibility or loss of control, the starting points for sentencing are:

Diminished responsibility – 24 years’ custody.

Loss of control – 14 years’ custody.

What defence is there against a manslaughter charge?

Possible defence options will depend on the circumstances. If you deny unlawfully killing someone, your defence will revolve around proving your innocence e.g. producing evidence that you were elsewhere at the time of the killing or that the killing was lawful e.g. that you were acting in self-defence.  That will depend on your account of what, if anything, happened.

If you accept that you were involved in an unlawful killing, defence options might include showing that you were not of sound mind and discretion or you were not primarily responsible for the death, amongst other possibilities.

With decades of experience, our criminal defence solicitors can effectively assess your situation and rapidly identify the most appropriate defence options. We can then help you to build strong case making sure every detail is properly considered, so you have the best chance of a securing a positive outcome for your case.

Contact our criminal defence lawyers today

For a free initial consultation, urgent specialist advice, immediate representation or to speak to us confidentially about an arrest or charges related to voluntary or involuntary manslaughter, please do not hesitate to get in touch.

You can contact our dedicated criminal defence lawyers in London, Birmingham, and Manchester by telephone on:

• Brent & Camden London Office: 020 7624 7771
• Manchester Office: 0161 835 1638
• Birmingham Office: 0121 614 3333
• City of London: 0207 624 7771 (our senior Solicitors and Partners can meet by appointment in the City)

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 manslaughter charges

Please get in touch for a free initial consultation with one of our expert criminal defence solicitors, as well as immediate representation and advice on dealing with an arrest or charges connected to manslaughter.

We are available to represent clients all over England and Wales at any time, so please contact our Emergency Number: 07836 577 556.

This document does not constitute legal advice.