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Key definition

Manslaughter definition

What does Manslaughter mean? In criminal practice, manslaughter describes unlawful killing where murder is not proved, or where murder is reduced by a partial defence. It is mainly a common law offence, developed through case law and supplemented by statute. England and Wales: Voluntary manslaughter arises where the elements of murder are met but a partial defence applies: loss of control, diminished responsibility, or participation in a suicide pact. Involuntary manslaughter covers unlawful act (constructive) manslaughter and gross negligence manslaughter, the latter defined in leading authority such as Adomako. Northern Ireland: The offence is broadly similar. Partial defences include provocation (not replaced by loss of...

Involuntary manslaughter in England and Wales: unlawful act and gross negligence—elements, objective risk and causation, and Sentencing Council guidelines

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Practice notes

—introduction

Manslaughter is divided into two categories: voluntary and involuntary. Voluntary manslaughter covers killings that would otherwise amount to Murder—because the accused has the relevant mental element—yet liability is reduced to manslaughter owing to one of three special defences. Involuntary manslaughter refers to forms of the offence that can be charged on their own where the accused does not have the mental element for murder, that is, the intention to kill or to cause Grievous bodily harm (GBH); it can likewise follow an Indictment for murder where the prosecution fail to prove the mental element. See: R v Taylor (1834) 2 Lew CC 215 (not reported by LexisNexis®). For further information on voluntary manslaughter and murder, see Practice Notes: Voluntary manslaughter and Murder...

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Web page updated on 21/05/2026

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