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Gross negligence manslaughter

Homicide and manslaughter — practical elements, sentencing links and station notes for accredited reps in England & Wales.

Homicide and manslaughter

Gross negligence manslaughter

Common law (manslaughter)

England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.

Triable
Indictable only
Maximum penalty
Life imprisonment

Actus reus

  • Breach of a duty of care owed to the deceased by a grossly negligent act or omission that causes death.

Mens rea

  • Gross negligence — a risk of death that was obvious and a breach so bad it deserves criminal sanction (objective).

Defences

No duty of care · Breach not gross · Death not caused by the breach · Reasonable care taken

Sentencing Council

Sentencing Council guideline effective 1 November 2018. Offence range: 1 – 18 years’ custody (check current guideline page).

View definitive guideline ↗

At the police station

Medical, workplace, and caregiving contexts are common. Obtain expert reports early. Cross-check CPS homicide guidance.

When to involve a rep or solicitor

Police station advice is free under legal aid and is not means-tested. For this allegation we would normally want a solicitor involved early.

Authoritative sources for this page

Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.

More in Homicide and manslaughter

Back to the full offences index

Sources & further reading

Links are to official publishers (legislation, gov.uk, CPS, LAA, Sentencing Council). Case law on this site is limited to entries in our verified case-law registry. Always confirm the current version before relying on it in live advice.