What is the Sentence for Manslaughter in the UK?

Manslaughter is one of the most serious criminal offences one can commit and the penalties on conviction can be severe. That said, in some scenarios, a conviction for manslaughter may be the best available option, such as where a defendant is originally charged with murder. When dealing with these types of charges, the importance of understanding what you are facing and getting the right legal support cannot be overstated.

Here, we discuss what manslaughter is (including the different types of manslaughter offences), the sentence for manslaughter in the UK, the difference between murder and manslaughter, and what defences there are against a manslaughter charge.

While we hope this information is useful, please note, it should not be taken as legal advice. If you need legal support in relation to a manslaughter charge, then please get in touch and our team can advise you.

What is manslaughter?

In the UK, manslaughter is a criminal offence where a person kills someone unlawfully in circumstances which do not constitute murder.

There are different types of manslaughter offence that an individual or a business can be charged with:

Voluntary manslaughter

Voluntary manslaughter is committed where the defendant intended to kill or seriously injure the deceased, but they did so as a result of a loss of self-control which was triggered by certain circumstances (manslaughter by reason of loss of control) or they did so whilst suffering from an abnormality of mental functioning caused by a medical condition which affected them in a certain way (manslaughter by reason of diminished responsibility).

Involuntary manslaughter

Involuntary manslaughter is committed where the defendant did not intend to kill or seriously injure the deceased, but caused the death through an unlawful act or gross negligence.

Corporate manslaughter

Corporate manslaughter is committed where an organisation causes the death of a person through a serious breach of its duty of care, and where the senior management of the organisation are substantially responsible for that breach.

What is the sentence for manslaughter?

A manslaughter sentence can vary hugely depending on the circumstances surrounding a death. In the most serious cases, a judge can impose a life sentence, although this is rare. Most commonly, a person convicted of manslaughter will receive a custodial sentence, and very rarely a suspended prison sentence or community order.

For cases of corporate manslaughter, the sentence will be a fine, which will typically be very substantial.

What is the average manslaughter sentence in the UK?

There is no ‘average’ manslaughter sentence as sentencing for manslaughter is so dependent on the specifics of a case.

What factors affect sentencing for manslaughter?

If a defendant is convicted of manslaughter, various factors will be considered by a judge when imposing a sentence. These include:

• How responsible the defendant is considered to have been for the offence (e.g. whether the death was caused intentionally or not)
• The level of harm caused by the offence (both to the deceased and the wider impact, e.g. to the deceased’s family)
• The history and personal circumstances of the defendant (e.g. whether they have previous convictions and a history of ‘good character’)

How long do you get for manslaughter?

On conviction for manslaughter, prison time is likely but not necessarily guaranteed. If someone convicted of manslaughter is given a life sentence, then the judge will set a minimum term that they will have to spend in prison before they will be eligible to apply for parole. The offender would only ever be released if a parole board decides that they no longer pose a risk to the public. On release, the offender would be subject to parole conditions and, if these are breached, they would be returned to prison.

For prison sentences other than a life sentence, the offender would normally serve half of the sentence in prison and the other half ‘on licence’ outside of prison. However, again, if there were to breach the terms of their parole, they could be recalled to prison to serve the rest of their sentence.

It is also possible that, for non-life sentences, the judge might impose an ‘extended sentence’. This means the offender would need to serve at least two-thirds of their sentence in prison, then spend the remainder of their sentence on licence (and at risk of recall), plus an additional term of licence after their sentence has ended.

What defence is there against a manslaughter charge?

Exactly what defences may be available for someone charged with manslaughter will depend on the situation.

It is important to note that charges of voluntary manslaughter will be the result of successful defence pleas in themselves. This means that no further defences will be available.  

If a charge of unlawful act manslaughter is brought forward, potential defences could include:

• Self-defence
• Consent
• Duress
• Insanity
• Involuntary intoxication
• Automatism

The defences that are available for gross negligence manslaughter are often less straightforward. Defences could centre around there being a lack of duty of care, that a duty of care was not breached, that the breach did not cause the death, or that the conduct of the defendant was not bad enough to constitute a crime.

In the first instance, if the defendant believes that they were not responsible for the death, then they and their defence team will need to provide evidence to support this. Seeking support from specialist criminal defence solicitors is critical for building the strongest possible defence.

Credit for a guilty plea

In short, where a guilty plea is indicated at the first stage of proceedings, you could receive a reduction from 1/3 of the penalty.

More information regarding the potential outcomes for indicating a guilty plea can be found here.

Related offences

Please note that our expert solicitors also provide advice and support with various related offences, including:

• Murder
• Assault and violent crime
• Serious crime
• Firearm and knife offences
• Death by dangerous and careless driving

Fees and funding

We are transparent on costs at all times, no matter your circumstances.

If you need to attend court, legal aid public funding will be available in some cases, based on the seriousness of the case justifying the grant of public funding.

For clients who do not qualify for legal aid public funding, the alternative option will be to fund their case privately.

To find out more about the way we handle fees (both legal aid public funding and private fees), please use the links provided below:

• Our Fees – Crime Cases
• Do I Qualify for Criminal Legal Aid?
• Bespoke Crime Private Fee Service
• Will Your Private Legal Costs Increase?

Speak to our criminal lawyers today

If you are due to attend the police station for an interview for allegations of manslaughter or require any urgent specialist advice, or immediate representation, please do not hesitate to get in touch.

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

• Brent & Camden London Office: 0207 624 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 quickly.

24/7 criminal defence

Please get in touch for a free consultation with one of our expert criminal defence solicitors, as well as immediate representation and advice for cases of manslaughter charges.

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