Letter of the law

Murder and manslaughter explained

Jurors in murder trials are sometimes asked to consider not just whether a defendant killed, but whether they intended to do so.

The three teenagers on trial over the death of Pc Andrew Harper insisted they did not know he was being dragged to his death behind their vehicle.

Manslaughter

According to the Crown Prosecution Service, the first category of manslaughter is a killing with the intent for murder, but where a “partial defence applies”, such as diminished responsibility or a momentary loss of control.

The second is a death brought about by gross negligence, along with an unlawful act involving “a danger of some harm that resulted in a death”.

Voluntary manslaughter is typically used to describe a killing with a partial defence or with dangerous behaviour, while involuntary manslaughter applies to a death by gross negligence.

A life sentence is the maximum but jail terms typically range between two and 10 years.

An offender on a fixed-term will be released at the halfway point with the remaining half on probation.

Murder

When someone of sound mind unlawfully kills with either the intent to take their life or to cause grievous bodily harm, they are guilty of murder.

A judge must impose a life sentence if a defendant is convicted of murder.

The judge will set a minimum amount of time an offender must serve in prison before they are considered for parole, with a starting point of 15 years.

The judge can impose a whole-life tariff, meaning the offender will never leave jail.