Longer sentences for gross negligence manslaughter
People convicted of gross negligence manslaughter could receive longer prison sentences under new guidance for judges.
The first ever comprehensive sentencing guidelines covering the wide variation between different forms of manslaughter have been published by the Sentencing Council.
The guidelines are unlikely to lead to longer prison terms for most offences but could see punishments for cases involving gross negligence brought into line with other forms of the crime.
The Sentencing Council claims the guidance is necessary due to the vast differences between manslaughter cases, which can range from unintended deaths from assault to workplace fatalities.
Sentencing Council member Lord Justice Holroyde said: “Manslaughter offences vary hugely – some cases are not far from being an accident, while others may be just short of murder.
“While no sentence can make up for the loss of life, this guidance will help ensure sentencing that properly reflects the culpability of the offender and the unique facts of each case.”
The guidelines, published on Tuesday (July 31), aim to offer clear guidance to judges on what the Sentencing Council described as a broad range of “very serious and difficult cases”.
Unlawful act, gross negligence, manslaughter by reason of loss of control or manslaughter by reason of diminished responsibility are covered.
Before its publication courts only had access to a guide for cases of corporate manslaughter and another for manslaughter by reason of provocation, which is now out of date.
The types of cases that could see longer sentences involve those where long-term cost-cutting and disregard for safety leads to someone being killed.
Ten people were sentenced for gross negligence manslaughter in 2016.
The Sentencing Council claims sentencing practice for these cases is currently lower in the context of overall levels for manslaughter than other forms of the crime.
The new guidance will come into force from November 1.
Justice Minister Rory Stewart said: “Manslaughter is an extremely serious offence, causing immeasurable pain to families who lose their loved ones.
“So it is vital that our courts have clear, consistent guidance in these often complex cases – such as when both individuals and employers are involved.
“These guidelines will make sure sentences reflect the severity of the crime, helping protect workers and keep communities safe.”