Gross negligence manslaughter is a common law offence and occurs when the offender:

1. •

   is in breach of a duty of care towards the victim

2. •

   the breach causes the death of the victim, and

3. •

   having regard to the risk involved, the offender’s conduct was so bad as to amount to a criminal act or omission

For information on the offence of manslaughter by gross negligence, see Practice Note: Involuntary manslaughter.

Gross negligence manslaughter can only be committed by an individual and should not be confused with manslaughter caused by a corporation which is a statutory offence created by the Corporate Manslaughter and Corporate Homicide Act 2007. For information on the offence of corporate manslaughter, see: Corporate manslaughter—overview and Practice Note: Corporate manslaughter—an introductory guide.

The sentencing of organisations for corporate manslaughter is addressed in the Crown Court offence-specific guidelines for corporate manslaughter. See Practice Note: Sentencing for corporate manslaughter.

The Sentencing Council has published an offence-specific guideline for the sentencing of gross negligence manslaughter offences in the Crown Court.

Other