Homicide and manslaughter
Manslaughter by reason of diminished responsibility
Homicide Act 1957, s.2; manslaughter at common law
England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.
- Triable
- Indictable only
- Maximum penalty
- Life imprisonment
Actus reus
- Partial defence to murder (Homicide Act 1957, s.2). If proved, the conviction is manslaughter (s.2(3)).
- D kills or is a party to the killing and was suffering from an abnormality of mental functioning arising from a recognised medical condition, which substantially impaired D’s ability to understand the nature of the conduct, form a rational judgment, or exercise self-control, and which provides an explanation for the killing (s.2(1)–(1B)).
Mens rea
- The defence must prove diminished responsibility (s.2(2)). The Crown still proves the killing.
Defences
Not murder · Diminished responsibility on the s.2 statutory test (medical evidence) · Insanity / lack of intent, if those are the better fit
Sentencing Council
Sentencing Council guideline effective 01 November 2018. Offence range: 3 – 40 years’ custody.
At the police station
This is a medical-evidence defence. Do not treat “I was drunk” as s.2. Solicitor on the call.
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.
- Statute:Homicide Act 1957, s.2; manslaughter at common law ↗
- Sentencing Council:Sentencing Council definitive guideline ↗
- CPS:CPS — Homicide ↗