06/07/2017
Views are sought on the first-ever sentencing guideline drawn up to cover cases of manslaughter that could include a workplace fatality caused by an employer’s negligence.
Because of the serious nature of manslaughter, the wide range of offending covered and the relative infrequency that individual judges have to deal with such cases, the Sentencing Council anticipates that its new guideline will be particularly useful in promoting consistency and transparency.
‘Manslaughter Guideline Consultation’ explains that 4 types of manslaughter are covered
- gross negligence manslaughter – including workplace incidents and occurring when the offender is in breach of care towards the victim
- unlawful act manslaughter – the most commonly prosecuted and including deaths resulting from assaults where there was no intention to kill
- manslaughter by reason of loss of control – for example, when the offender fears serious violence
- manslaughter by reason of diminished responsibility – where the offender was suffering from a recognized mental condition