Understanding the Law of Manslaughter and How Allen Hoole Solicitors Can Help

Facing a manslaughter charge, or a murder charge you believe should be manslaughter, is one of the most serious situations you can be in. Your liberty, your reputation and your future are at stake, and the case will be decided in the Crown Court. Allen Hoole is the largest criminal defence firm in the South West, and our manslaughter defence solicitors act for clients across England and Wales, working with leading King's Counsel and expert witnesses to build the strongest possible defence.

Speak to a manslaughter defence solicitor

Call us in confidence at any hour. Our lines are answered 24 hours a day, with a qualified solicitor available to advise. Call Bristol or Keynsham on 01454 790673, or Cheltenham on 01454 790672. You can also send us the details and we will call you back.

If you or a member of your family has been arrested or is being interviewed by the police, advice and representation at the police station is free of charge, whatever your means. Ask for Allen Hoole by name.

Charged with manslaughter? How we defend you

Manslaughter cases are complex, and the difference between a conviction for murder and a conviction for manslaughter, or between a manslaughter conviction and an acquittal, often turns on detailed legal argument and expert evidence. From the moment you instruct us, we examine the prosecution case, identify the defences available to you, and instruct the right experts and advocates to challenge it.

Early advice is vital. What happens during the police investigation, including at interview, can shape the whole case. If you are under investigation, have been arrested, or have been charged, speak to us before you respond.

What is manslaughter, and how does it differ from murder?

Manslaughter is the unlawful killing of another person without the intention to kill or to cause really serious harm. That intention is what separates it from murder. Because manslaughter does not require that intent, and because it can arise in very different ways, it covers a wide range of situations and carries a wide range of sentences. Murder, by contrast, carries a mandatory life sentence.

Establishing that a death was manslaughter rather than murder, or was not a crime at all, is often the central issue in these cases. Manslaughter itself is usually divided into voluntary and involuntary manslaughter, and the distinction decides which defences are open to you.

Types of manslaughter

Voluntary manslaughter: the partial defences to murder

Voluntary manslaughter arises where a person would otherwise be guilty of murder, but a partial defence reduces the offence to manslaughter and removes the mandatory life sentence. There are two main partial defences.

Diminished responsibility. Under Section 2 of the Homicide Act 1957, as amended, the defendant must have been suffering from an abnormality of mental functioning that arose from a recognised medical condition, that substantially impaired their ability to understand the nature of their conduct, to form a rational judgement or to exercise self-control, and that provides an explanation for the killing. It is for the defence to prove, on the balance of probabilities, and it stands or falls on psychiatric evidence. Our Mental Health and Mental Capacity accreditations and our access to leading psychiatrists matter here.
Loss of control. Under Sections 54 and 55 of the Coroners and Justice Act 2009, the killing must result from a loss of self-control with a qualifying trigger, meaning fear of serious violence or things said or done of an extremely grave character that gave a justifiable sense of being seriously wronged, and a person of the same age and sex with a normal degree of tolerance and self-restraint might have reacted in the same way. The loss of control need not be sudden, which matters in cases with a history of abuse. Sexual infidelity on its own is not a qualifying trigger, and the defence is not available to someone who acted in a considered desire for revenge.

Involuntary manslaughter

Involuntary manslaughter arises where there was no intention to kill or to cause really serious harm, but the death was still unlawful. There are two main forms.

Unlawful act manslaughter. Where death results from a deliberate act that was both criminal and dangerous, meaning a sober and reasonable person would have realised it carried a risk of some harm. It does not matter that no harm was intended or that the defendant did not realise the act was dangerous. This is by far the most common form of manslaughter. Where the offence is committed against an emergency worker acting as such, the court must impose a life sentence unless there are exceptional circumstances.
Gross negligence manslaughter. Where a duty of care was owed and breached, there was a serious and obvious risk of death at the time of the breach, that risk was reasonably foreseeable, the breach caused the death, and the conduct was so bad as to justify a criminal conviction. Whether the risk of death was serious and obvious is usually the battleground, and it is where these cases are most often defended. Allegations of this kind arise in workplace, healthcare and caring contexts as well as after accidents.

Where an organisation rather than an individual is under investigation, a different offence applies. See our page on corporate manslaughter.

Sentencing for manslaughter

The maximum sentence and the guidelines

Unlike murder, manslaughter carries no mandatory sentence. The maximum is life imprisonment, and the offence is indictable only, so every case is sentenced in the Crown Court. There are four separate Sentencing Council guidelines, one for each type: unlawful act manslaughter, gross negligence manslaughter, manslaughter by reason of loss of control, and manslaughter by reason of diminished responsibility. Which guideline applies is settled before sentence, and it can make an enormous difference, so it is sometimes argued.

What happens in practice

It is better to be straight about this. Most people convicted of manslaughter receive an immediate custodial sentence, and unlawful act manslaughter, which accounts for roughly eight in ten cases, most often attracts a sentence of more than eight years. Shorter and occasionally non-custodial sentences do happen, more often in gross negligence and diminished responsibility cases, but they are the exception rather than the rule.

That is precisely why the work done before sentence matters so much. Where the case falls within a guideline, the level of culpability, the expert evidence and the quality of the mitigation are what move the sentence, and they are a central part of what we do.

How we defend manslaughter cases

Serious homicide cases turn on preparation, expert evidence and advocacy, not assertion. This is where our experience and resources matter.

Reducing murder to manslaughter. Where you are charged with murder, we build and argue the partial defences that can reduce the offence to manslaughter and remove the mandatory life sentence.
Challenging the prosecution case. We test causation, intent and the reliability of the evidence, and identify where the prosecution cannot prove its case to the criminal standard.
Leading experts. We instruct forensic psychiatrists, psychologists and other specialists whose evidence is often decisive, particularly on diminished responsibility.
A dedicated Crown Court department. We have a department devoted to the most serious and complex cases, with longstanding relationships with leading chambers, so your case is prepared and presented by people who do this work constantly.
Access to leading King's Counsel. We work with senior barristers and King's Counsel experienced in homicide trials, and our Solicitor Advocates support the case throughout the Crown Court process.

What to expect: from arrest to Crown Court

Understanding the process helps you make decisions under enormous pressure. A manslaughter case typically moves through these stages.

Confidential initial discussion. Tell us where things stand, whether you are under investigation, have been arrested, or have been charged. We explain your position clearly and honestly, and we deal with funding at the outset. Legal aid is available for Crown Court cases subject to a means test, and someone above the income threshold may still be granted legal aid but asked to contribute, with contributions refunded if they are acquitted.
The investigation and police interview. We advise and represent you at interview, where what is said can shape the whole case, and make representations to the police and the Crown Prosecution Service. Representation at the police station is free of charge, whatever your means.
First hearings and case preparation. Manslaughter is dealt with in the Crown Court. We prepare thoroughly, obtain and review the evidence, and instruct experts and counsel.
If the case goes to trial, we and your barrister present your defence and test the prosecution case in full.
Where there is a conviction, we present detailed mitigation and expert evidence to secure the lowest sentence the facts allow.

Get in touch

Talk to us in confidence before you respond to the police. Call Bristol or Keynsham on 01454 790673, or Cheltenham on 01454 790672, at any hour, or enquire online and we will come back to you.

Who we help

We defend people who are:

Under investigation in connection with a death, before any charge
Charged with manslaughter and facing the Crown Court
Charged with murder where the case should properly be manslaughter
Facing gross negligence or unlawful act manslaughter allegations, including in a work, healthcare or professional context
Families seeking urgent advice for a loved one who has been arrested

Why choose Allen Hoole

The largest criminal defence firm in the South West, with extensive experience defending manslaughter and other homicide cases, including high-profile and complex matters
Access to leading King's Counsel and to forensic psychiatrists, psychologists and other expert witnesses
Mental Health and Mental Capacity accreditations, directly relevant to diminished responsibility and complex psychiatric evidence
Regulated and accredited: authorised and regulated by the Solicitors Regulation Authority, SRA number 637398, Lexcel accredited, and holding the Law Society's Criminal Litigation accreditation
Available 24 hours a day, with offices in Bristol, Cheltenham and Keynsham, acting for clients across England and Wales

“Absolutely outstanding representation which prevented unimaginable stress.” AS, Google review

“Allen Hoole were nothing short of incredible during my two and a half years.” CH, Google review

Manslaughter FAQs

What is the sentence for manslaughter?

There is no fixed sentence. The maximum is life imprisonment, and sentences vary widely with the type of manslaughter and the circumstances. The court follows whichever of the four Sentencing Council guidelines applies to the type of manslaughter in question.

Will I go to prison for manslaughter?

In most cases, yes. Most people convicted of manslaughter receive an immediate custodial sentence, and for the most common form the sentence is frequently more than eight years. Shorter and occasionally non-custodial sentences do happen, but they are the exception. Strong mitigation, expert evidence and skilled advocacy can make a substantial difference to the length, which is why early specialist representation matters.

What is the difference between murder and manslaughter?

Murder requires an intention to kill or to cause really serious harm, and manslaughter does not. A murder charge can sometimes be reduced to manslaughter through a partial defence such as diminished responsibility or loss of control, which removes the mandatory life sentence and gives the judge a discretion over the sentence.

What is diminished responsibility?

It is a partial defence to murder. Where an abnormality of mental functioning arising from a recognised medical condition substantially impaired the defendant in the ways the law recognises, and explains the killing, the charge is reduced from murder to manslaughter. It depends on psychiatric evidence, and it is for the defence to prove.

Can I get legal aid for a manslaughter charge?

Legal aid is available for Crown Court cases, subject to a means test. Someone whose income is above the threshold may still be granted legal aid but asked to contribute, with contributions refunded if they are acquitted. Advice and representation at the police station is free of charge to anyone, whatever their means. We will go through funding with you at your first contact.

Speak to a manslaughter defence solicitor, in confidence

If you or a loved one is under investigation or charged with manslaughter, early specialist advice gives you the best chance of the right outcome. Call us at any time, in confidence, or send us the details and we will call you back.

Bristol and Keynsham, 24 hours: 01454 790673
Cheltenham, 24 hours: 01454 790672
Bristol and Keynsham office: 0117 942 0901
Cheltenham office: 01242 522201

Find your nearest office in Bristol, Cheltenham or Keynsham, or contact us about anything else. For related matters, see murder defence, corporate manslaughter, our criminal offences pages, and our criminal defence service.

This page provides general information about the law in England and Wales and is not legal advice. For advice on your own case, contact Allen Hoole. Allen Hoole Solicitors is authorised and regulated by the Solicitors Regulation Authority, SRA number 637398.