Manslaughter - English Law

English Law

In the English law, manslaughter is a less serious offence than murder. In England and Wales, the usual practice is to prefer a charge of murder, with the judge or defence able to introduce manslaughter as an option (see lesser included offence). The jury then decides whether the defendant is guilty or not guilty of either murder or manslaughter. Manslaughter may be either voluntary or involuntary, depending on whether the accused has the required mens rea for murder.

The Homicide Act 1957 and Coroners and Justice Act 2009 are relevant acts.

Voluntary manslaughter occurs when the defendant kills with malice aforethought (an intention to kill or cause grievous bodily harm), but one of the partial defences which reduce murder to manslaughter applies. The partial defenses are: diminished responsibility; loss of control; and suicide pacts.

Involuntary manslaughter arises where the accused did not intend to cause death or serious injury, but caused the death of another through recklessness or criminal negligence.