Fact Service (July 2017)

Issue 27

Proposals on sentences for manslaughter 


A consultation on proposals for how offenders convicted of manslaughter should be sentenced in England and Wales has been launched by the Sentencing Council.


It is the first time that comprehensive guidelines have been drawn up for these very serious and difficult cases, which could include an unintended death resulting from an assault or a workplace fatality caused by an employer’s negligence.


Because of the serious nature of these offences, the wide range of offending covered, and the relative infrequency with which these cases come before individual judges, the introduction of guidelines will be particularly useful in promoting consistency in sentencing and transparency in terms of how sentencing decisions are reached.


The draft guidelines cover four types of manslaughter, but the main work-related offence is gross negligence manslaughter. 


In a work setting, it could cover employers who completely disregard the safety of employees. It could also arise in a medical setting when a practitioner falls far below the required standard in the treatment of a patient.


The proposed guidelines are based on an analysis of current sentencing practice, and in most areas, there are unlikely to be changes to sentence levels, but the council expects that in some gross negligence cases, sentences will increase.


The consultation runs until 10 October.

www.sentencingcouncil.org.uk/news/item/new-sentencing-guidelines-proposed-for-manslaughter-offences

www.sentencingcouncil.org.uk/consultations/manslaughter-consultation


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