Jail terms relating to gross negligence manslaughter could rise in England and Wales

Organisations, employers and carers convicted of gross negligence manslaughter cold face longer prison terms due to changes to sentencing guidelines.

 

The changes from the Sentencing Council has for the first time produced a definitive set of recommendations for judges across all manslaughter cases. These changes could affect the outcome of the prosecutions arising from the Glenfell Tower fire and the Hillsborough disaster. 

 

The guidelines are not expected to lead to changes in sentencing practices, apart from those dealing with gross negligence manslaughter offences – charges that the police have said they are considering in relation to Grenfell.

 

The former police superintendent David Duckenfeld, who was on duty during the 1989 FA Cup semi-final at Hillsborough, is already facing trial on 95 counts of gross negligence manslaughter. 

 

Charges are brought when an offender is alleged to be in breach of a duty of care towards a victim, which causes their death and amounts to a criminal act or omission. The offence carries a maximum charge of life imprisonment with a range of up to 18 years in custody. 

 

The charge can be used against parents or carers who fail to protect a child or employers were their disregard for the safety of employees has led to someone being killed. 

 

In the past, sentences may have focused more on the circumstances in which deaths occurred, rather than on the responsibility of the defendant. In 2016,10 people were sentenced for the offence.

 

The guidelines explicitly ask judges to consider as matters indicating a 'high level of culpability whether the defendant was motivated by financial gain, repeatedly negligent or showed blatant disregard for risk'. They will come into force on 1 November.

 

Lord Justice Holroyde, a member of the Sentencing Council, 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 guideline will help ensure sentencing that properly reflects the culpability of the offender and the unique facts of each case."

 

The 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 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."

 

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