Criminal Prosecutions
Murder is the unlawful killing of one human by another with intent to kill or cause grievous bodily harm. This is distinguished from the lesser offence of voluntary manslaughter, which may arise in the circumstances as for murder, but where the perpetrator has either diminished responsibility or there is provocation.
Involuntary manslaughter includes the offences of unlawful act manslaughter (an unlawful killing but where there is an absence of intent to kill or cause grievous bodily harm) and manslaughter by gross negligence (for which there may be corporate, rather than individual responsibility), which must be carefully distinguished from negligence and neglect.
The CPS decides whether there should be a criminal prosecution. Its decision making process is governed by the Code for Crown Prosecutors. It states that there are two stages in the decision to prosecute. The first is the evidential test. If the case passes this test, the next step is to consider whether a public prosecution is required in the public interest. Unless there are compelling reasons not to do so, the CPS should give detailed reasons to the family of a deceased relative for any decision not to prosecute where there is suspicion that he or she was the subject of an unlawful homicide by an agent of the state.
If a decision is made not to prosecute, which is in breach of the Code of Practice or is so perverse that no reasonable prosecutor could have made it, the decision can be subject to judicial review in the High Court. However in practice this is a step rarely taken and it is likely to be difficult to persuade a court to compel the CPS to prosecute.
The relatives of the deceased can bring a private prosecution against those suspected of murder or manslaughter. However, the proceedings are very complex and any prosecution which does not have the support and resources of the police and CPS will be very unlikely to succeed. There is no legal aid available for private prosecutions and if the case goes to Crown Court, barristers or advocates will need to be instructed, so the costs can be very high.
The Director of Public Prosecutions - ie the Head of the Crown Prosecution Service - may take over the case at any time, and decide to discontinue it. If that happens, or if the prosecution is unsuccessful, you may be required to pay the legal costs of the other side as well.
