Murder and Manslaughter Solicitors

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:

• Pre-charge bail and Released Under Investigation (RUI)
• On Bail But Not Charged - What Does It Mean?
• How long can you be on bail without charge UK?

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:

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

Related offences

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

• Murder and manslaughter
• Voluntary and involuntary manslaughter
• Firearm and knife offences
• Violent crime
• Armed robbery
• Grievous bodily harm
• Self-defence as a legal defence

Related cases

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

• Not Guilty Attempted Murder & Firearms Central Criminal Court Old Bailey 2024
• Not Guilty Attempted Murder shooting - Old Bailey 2023
• Not Guilty Murder - Old Bailey 2023
• No further action - Self Defence Murder London Police Station

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:

• 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 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.