Murder carries a mandatory life sentence, while manslaughter carries a maximum sentence of life imprisonment. Specialist legal representation is therefore crucial from the earliest stage of a police investigation, including where a suspect has been released on police bail or under investigation.
The distinction between murder and manslaughter depends on the circumstances in which the death occurred and what the prosecution can prove about the accused person’s state of mind. Murder requires an intention to kill or cause really serious harm. Manslaughter covers a range of circumstances, including deaths caused by an unlawful and dangerous act or gross negligence. In some cases, the partial defences of diminished responsibility or loss of control may reduce murder to manslaughter.
Our criminal defence solicitors represent clients accused of murder and manslaughter from the beginning of a police investigation through to trial in the Crown Court. We carefully consider whether a defence such as self-defence applies, examine the prosecution evidence and proactively obtain evidence supporting the client’s account. We can make representations aimed at securing no further action or reducing the seriousness of any charge brought and, if proceedings follow, work with experienced barristers and King’s Counsel to prepare the defence.
These cases can involve complex medical, scientific and digital evidence. Where necessary, we instruct specialists in areas such as pathology, DNA, fingerprints, blood-pattern analysis, firearms and digital evidence. Our previous cases have involved particularly unusual forensic issues, including the dating and identification of historical soil samples.
Reeds is ranked Tier 1 for criminal defence by Legal 500 and Band 1 by Chambers & Partners, the highest rankings awarded by both independent legal directories.
Frequently Asked Questions
To be convicted of murder, the Prosecution must prove, beyond reasonable doubt, that:
- The Defendant, being of sound mind,
- unlawfully killed
- a human being
- not in wartime
- with intent to kill or cause grievous bodily harm.
Manslaughter can be either voluntary or involuntary.
Manslaughter is primarily committed in one of three ways:
- Killing with the intent for murder but where a partial defence applies, namely loss of control, diminished responsibility or killing pursuant to a suicide pact.
- Conduct that was grossly negligent given the risk of death, and did kill (“gross negligence manslaughter”); and
- Conduct taking the form of an unlawful act involving a danger of some harm that resulted in death (“unlawful and dangerous act manslaughter”).
The term “voluntary manslaughter” is commonly used to describe manslaughter falling within (1) while (2) and (3) are referred to as “involuntary manslaughter”.
Absolutely, we regularly and successfully argue that an alternative to murder should be placed on the indictment.
If you are convicted of murder, you will be sentenced to life imprisonment. The minimum term that must be served is governed by Schedule 21 of the Sentencing Act 2020.
Sentences for manslaughter range from life imprisonment to a suspended sentence, to community service. Under the Sentencing Guidelines, the judge will consider factors such as whether you pleaded guilty, your culpability, whether you pose a threat to the public, and your past criminal convictions when deciding on the sentence to hand down.
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