Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Gross negligence definition

What does Gross negligence mean? Gross negligence describes a very serious failure to exercise reasonable care, amounting to a marked departure from the standard of a reasonably competent person. It is largely a case‑law expression used across criminal and civil practice rather than a term defined generally by statute. Criminal law: In England & Wales and Northern Ireland, it is central to gross negligence manslaughter: the prosecution must prove a duty of care, breach causing death, an obvious risk of death, and negligence so serious as to be criminal. In Ireland, manslaughter by gross negligence follows a similar high‑threshold test. Scotland does not use...

Sentencing individuals for gross negligence manslaughter (England and Wales): applying the Sentencing Council’s nine-step guideline with key factors, reductions and ancillary orders, plus case examples

Published by a LexisNexis Corporate Crime expert

Practice notes

Gross negligence Manslaughter

Gross negligence manslaughter is a common law offence arising where an individual’s failings meet strict criteria. It is committed when the offender:

owes the victim a Duty of care and breaches that duty
and that breach leads to the victim’s death
and, given the risk involved, their behaviour is so seriously deficient that it amounts to a criminal act or omission

For guidance on manslaughter by gross negligence, see Practice Note: Involuntary manslaughter. Only a person can commit gross negligence manslaughter; it should not be mistaken for manslaughter attributable to a company, which is a statutory offence under the Corporate Manslaughter and Corporate Homicide Act 2007. For information on corporate manslaughter, see: Corporate manslaughter—overview and Practice Note: Corporate manslaughter—an introductory guide.

Sentencing of organisations for corporate manslaughter is covered by the Crown Court offence-specific guideline for corporate manslaughter. See Practice Note: Sentencing for corporate manslaughter. The Sentencing Council has also issued an offence-specific guideline for sentencing gross negligence manslaughter in the Crown Court. Practitioners should note that the Sentencing Council’s General guideline—overarching principles (the General guideline) is designed to be applied alongside offence-specific guidelines and addresses seriousness as well...

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Web page updated on 22/05/2026

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