Gross Negligence Manslaughter
Criminal lawyers at Taylor Law can assist if you’ve been arrested, the Police want to talk to you or you’re due in Court.
Why Taylor Law?
If someone dies because of the negligence of another person, it may constitute gross negligence manslaughter. It is a serious and often complex charge with heavy penalties, including fines and a maximum sentence of life imprisonment.
Allegations of this level of negligence can arise in a number of areas, including the medical profession and health and safety.
If you are involved in an incident which has resulted in someone’s death, you are advised to seek legal advice without delay.
Expert legal defence
At Taylor Law our criminal defence team offer expert guidance and representation if you have been accused of manslaughter because of gross negligence.
It is important to ensure that your communications with any investigators are properly worded, to avoid damaging your defence. We will represent you in all aspects of the case, including requests for disclosure of information, at interviews, at on-site investigations, at the inquest and before and during court proceedings.
We can also advise you as to your procedures going forward, to make sure that you are compliant with legislation and health and safety requirements.
Our team will work proactively on your behalf and keep you updated as to progress throughout. We will make sure we are available to speak to you as needed and to answer any questions you may have.
What constitutes gross negligence manslaughter?
Gross negligence manslaughter is a death caused by the breach of a duty of care which amounts to a criminal act or omission.
The prosecution will need to prove that:
- The deceased was owed a duty of care by you;
- You breached that duty of care;
- The breach contributed significantly to the death;
- There was an obvious risk of death; and
- The breach was so serious that it amounts to the criminal offence of gross negligence.
If they are able to establish this, you may be found guilty of the criminal offence of gross negligence.
Sentencing guidelines suggest a prison sentence of 1-18 years, with a maximum sentence of life imprisonment.
The process of proving gross negligence manslaughter can be complicated, with a number of different points needing to be established. Our team understands the complexities of defending this type of allegation and will leave no stone unturned in mounting a strong defence on your behalf.
Our team has particular expertise in defending allegations relating to deaths in police custody, with decades of experience in representing police officers.
Corporate manslaughter is a similar offence to gross negligence manslaughter, but with the charges levelled at a company rather than an individual. The Crown Prosecution Service has on occasion charged company directors with gross negligence manslaughter while at the same time charging
their company with corporate manslaughter.
Any organisation involved in the death of an individual can expect to be thoroughly investigated, with their premises, procedures and employees examined in order to make an assessment of their standards of care.
At Taylor Law we will work with you throughout an investigation to ensure that you and your business are properly represented and that your rights are observed.
In the event that charges are brought, we will not only mount a robust defence, but also raise any mitigating factors that may reduce culpability.
Being convicted of gross negligence manslaughter can result in the loss of liberty. Because of its seriousness, you should not delay in seeking legal advice following the death of someone where you believe there may be have been some breach of the duty of care owed to them.
We have expert criminal defence solicitors in Leeds, Middlesbrough and London who can step in immediately to represent you and deal with investigators and police on your behalf.
We provide a first-rate legal service and have an excellent track record of success.
For an initial discussion, ring us on 0113 532 8100 (Leeds), 01642 221 108 (Middlesbrough) or 0203 780 7646 (London) or fill in our Contact Form.
View Cost Details
This work is carried out by:
Scott Taylor – Director of Taylor Law – Supervisor
Mark Lake – Senior Solicitor
Imogen Cox – Senior Solicitor
Ben Tighe – Solicitor
Our current hourly rates are £201 plus VAT per hour, with routine letters/telephone calls/emails (less than 6 minutes) costing £20.10 plus VAT. We shall be able to give you a more accurate costs estimate once we have seen you and are able to establish how complicated your case is. There are also likely to be disbursements to pay. These are costs associated with your matter paid to third parties such as expert fees, travel costs, copying charges etc. These will depend on your individual case.
Due to the experience of our criminal solicitors (both of whom are ex-duty solicitors), unlike many firms that deal with motoring offences, we do not routinely instruct barristers to attend court on your behalf, thus minimising costs.
In some cases, we are able to offer fixed fee representation. However, this depends upon various factors, such as the likely plea, how long any trial will take and the factual/ legal complexity of the case.
Usually, a guilty plea to a simple matter, at a court local to one of our offices, can be dealt with by way of a fixed fee. If we are required to travel to a court in a different town or city, if the case is likely to be lengthy or will involve complex factual disputes or legal points, then the fixed fee will be higher.
In some cases, for instance where a not guilty plea is intended, or where the precise amount of work required cannot be accurately estimated or is unusually complex, then we are likely to deal with your matter by way of an hourly rate. Not guilty plea cases, which result in trials, are likely to start from £2,000 plus VAT and disbursements.
Our guideline fixed fees, based on attendances at local courts, are as follows:
Guilty pleas (requiring a single attendance at court) – from £800 plus VAT*
(*Additional attendances, for instance following an adjournment, are charged at £400 plus VAT)
Please note that the above fees relate solely to Magistrates’ Court cases. Appeals against sentence
or conviction, or privately funded Crown Court matters, can only be quoted upon a full assessment
of the case papers.
The typical key stages of dealing with a motoring case are as follows:
In guilty plea cases:
– Taking your initial instructions, reviewing the papers, advising on plea and likely sentence and, in not guilty cases, the likely issues for trial;
– Attending the Magistrates’ Court for the first appearance; dealing with plea and sentence.
In not guilty plea cases, as above, plus:
– Dealing with case management at the first court appearance;
– Taking a proof of evidence from you, taking statements from witnesses, instructing experts, drafting statements;
– Considering further evidence served by the prosecution and taking your instructions on it;
– Considering unused material;
– Drafting legal arguments (in complex cases)
– Preparation for and attendance at trial.
– The stages set out above are an indication and if some of the stages above are not required, the costs will be reduced.
As to timescales, for guilty pleas, cases typically conclude on the same day as the first appearance. In not guilty cases, it usually takes between 2 to 3 months to conclude, although if the trial is vacated and re-fixed for any reason, then it may take around 4 to 6 months.
“I used Scott Taylor to represent me when I sued the Police and Successfully won my case. I felt confident going to court as Scott walked me through everything and engaged an amazing barrister on my behalf. It took a while to get there but by god did we get there. I wouldn’t hesitate to use Scott again he knows what he is doing and supports you at all stages.”
Valerie Ann Cadman-Khan