Where can I find out about the sentencing policy for different types of murder and manslaughter?

emanwelgwent

First you ought to be aware of the different possible categories:
Murder
Voluntary Manslaughter (Diminished Responsiblity)
Voluntary Manslaughter (Provocation)
Voluntary Manslaughter (Suicide Pact)
Involuntary Manslaughter (Dangerous and Unlawful Act)
Involuntary Manslaughter (Gross Negligence)
Corporate Manslaughter

And you should be aware of the legal differences between them.

The principle legislated limitation on sentence in this area is that there is a mandatory life sentence for murder (and not manslaughter). As I'm sure you are aware, judges are responsible for setting a tariff for life sentences which has the effect of preventing the defendant from being considered for release before the tariff is up.

For sentencing policy, you could get an overview from a practitioner text like Archbold (the red book) or Blackstones (the blue book).

You also need to check the Sentencing Guidelines Council website for any formal (rather than case-law) guidelines. Final guidelines: http://www.sentencing-guidelines.gov.uk/guidelines/council/final.html
Draft Guidelines:
http://www.sentencing-guidelines.gov.uk/guidelines/council/final.html

On a quick glance there was a voluntary manslaughter (provocation) final guideline.

There will, however, be a massive amount of case law from the court of appeal, setting guidelines for murder and manslaughter. There is a small amount in SGC's case law compendium .pdf about provocation (probably now superceded by their guideline) and diminished responsiblity.

For the rest you will need a criminal law text book or two, and a good case law database like Lexis or Westlaw so that you can find and read the other relevant cases and academic commentary.

ligiersaredevilspawn

There is no sentencing policy. A conviction for murder carries a mandatory life sentence.
Manslaughter convictions are entirely at the discretion of the judge - there have been manslaughter convictions which have resulted in nothing more than a suspended sentence all the way up to life sentence.

HoneyBabe

Go to website of old bailey that shoudl help.

**Kesha**

there is no such thing as a different type of murder, murder is murder. there are different types of manslaughter. for any crime you have 2 elements the guilty act (actus reus) and the guilty mind (mens rea) you have to have the 2 elements to be able to be charged. so what did you do and did you mean to do it basically.

for murder you have intention to cause grievous bodily harm and the act is obviously the unlawful killing of a human being under the queens realm. if any of those are missing usually the mens rea then it can be reduced to manslaughter.

there are several types of manslaughter. sentencing for murder is life, but the judge will recommend a serving time before being eligible for parole e.g. life serving a minimum of 20 years.
manslaughter can carry a life sentence but usually people convicted of manslaughter dont get that sentence.

Enter Your Message or Comment

User Name:
User Email:
Post a comment: