Judges told to toughen sentences for gross negligence manslaughter

New legal guidelines will recommend that the most serious offenders spend at least 18 years in prison

JAIL sentences for people convicted of gross negligence manslaughter are to be increased amid concern that offenders have been getting off too lightly.

Judges are being advised to consider life in prison for the most serious offenders, with a recommendation they serve at least 18 years before being eligible for parole.

It is the first time guidelines have been set out for judges dealing with manslaughter cases, in the hope of ensuring that the punishments reflect the severity of the crimes.

Gross negligence manslaughter, which involves the breach of a duty of care towards a victim, is being considered by investigators examining the Grenfell Tower fire which resulted in the deaths of 72 people.

Prosecutors have also charged David Duckenfield, the Hillsborough match commander, with gross negligence manslaughter in connection with the deaths of 95 Liverpool football supporters who died in the 1989 disaster.

Under the new guidelines judges are being offered a range of sentencing options for those convicted which vary from one to 18 years. Penalties for gross negligence offences are expected to increase, because the advice is to focus more on the blame that should be placed on the offender, rather than the wider circumstances of the case.

Many argue that in the past sentences in these cases have been too low, relative to other offences.

According to the most recent figures the average sentence for those convicted of gross negligence manslaughter in 2014 was four years.

Rory Stewart, the justice minister, said: “These guidelines will make sure sentences reflect the severity of the crime, helping protect workers and keep communities safe.”

Other types of manslaughter covered by the guidelines are unlawful act manslaughter, where someone dies after being assaulted but the attacker had no intention to kill or do them serious harm. There is also manslaughter by reason of loss of control, where the killer would have been guilty of murder but suffered a loss of control, for example from a fear of serious violence.

And there is also manslaughter by reason of diminished responsibility, where someone has a recognised mental condition that prevents them being convicted of murder. Sentences for these three types of manslaughter are not expected to increase.

Lord Justice Holroyde, the Sentencing Council member, said: “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.”