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Prosecuting Homicide

Murder and manslaughter are two of the offences that constitute homicide.

Manslaughter can be committed in one of three ways:

  1. killing with the intent for murder but where there is provocation, diminished responsibility or a suicide pact.
  2. conduct that was grossly negligent given the risk of death, and resulted in death.
  3. conduct, taking the form of an unlawful act involving a danger of some harm, that caused death.

With some exceptions, the crime of murder is committed, where a person:

  • of sound mind and discretion (i.e. sane):
  • unlawfully kills (i.e. not self-defence or other justified killing)
  • any reasonable creature (human being)
  • in being (born alive and breathing through its own lungs)
  • under the Queen's Peace
  • with intent to kill or cause grievous bodily harm.

There are other specific homicide offences, for example, infanticide, causing death by dangerous driving, and corporate manslaughter.

Find out more about prosecuting homicide

Sexual Offences

The Sexual Offences Act 2003 updated the law, much of which dated back to 1956.

The main provisions of the Act include the following:

  • Rape is widened to include oral penetration
  • Significant changes to the issue of consent
  • Specific offences relating to children under 13, 16 and 18
  • Offences to protect vulnerable persons with a mental disorder
  • Other miscellaneous offences
  • Strengthening the notification requirements and providing new civil preventative orders

Find out more about how we prosecute sexual offences

International Crimes

In the modern world with increased communication and travel opportunities crime is increasingly an international issue. International crime includes: technology crime (such as money laundering, fraud, confidence tricksters or other internet scams), immigration offences, extradition (either into or out of this country). The Crown Prosecution Service cooperates with international agencies in order to effectively prosecute international crimes.

Legal guidance on Immigration offences and protocol

Factsheet about extradition

Maninder Pal Singh Kohli guilty of abduction, rape and murder of Hannah Foster

25/11/2008

The case of Maninder Pal Singh Kohli, believed to be the first Indian national to have been extradited from India to face trial in this country, was one of the most complicated to be handled by the Crown Prosecution Service in Hampshire and the Isle of Wight.

For more than four years, said Alastair Nisbet, Head of the Complex Casework Unit for the Crown Prosecution Service Wessex Group, the CPS worked with the police and Indian authorities to bring Kohli back to stand trial.

Kohli was finally extradited in 2007 to face trial for the 2003 abduction, rape and murder of Hannah Foster, a Southampton teenager.

Mr Nisbet said: "The case against Kohli, though circumstantial, was overwhelming. An inferred DNA profile taken from members of his family provided a strong indication that he was the murderer. Once a DNA sample had been obtained from him,  a match was made with DNA found on Hannah’s body and her DNA was found in the van that Kohli used.

"Cross referencing of Hannah’s mobile phone records and CCTV and Automatic Number Plate Recognition Cameras showing the location of Kohli’s van put them close together on the night that Hannah was abducted.

"Kohli’s defence was that he was the victim of a plot to frame him for Hannah’s rape and murder, during which he was kidnapped and forced to have sex with Hannah, who was later killed by someone else. The jury have rejected that defence.

"Many people were involved in bringing Kohli to justice, both here and in India, and we would like to take this opportunity to thank Hampshire Constabulary, the Indian authorities and colleagues at the Foreign and Commonwealth Office for the exceptional close working that has secured Kohli’s extradition and conviction.

Kohli’s decision to flee the country and, later, to attempt to defend himself in the face of the evidence, prolonged the ordeal of Hannah’s family and friends, who are uppermost in our thoughts today.

"Mr and Mrs Foster have waited a very long time for Hannah’s killer to be brought to justice, and we hope that they can now find some peace."

ENDS

  1. For more information, please contact CPS press office on 020 7796 8079. Out of hours pager: 07699 781926
  2. Kohli abducted, raped and murdered Hannah Foster on 13-14 March 2003.
  3. He left the country for India on 18 March 2003.
  4. The Indian authorities notified Hampshire police of his arrest in India on 15 July 2004.
  5. He was returned to this country on 29 July 2007 and was charged on his arrival.
  6. The Crown Prosecution Service is the independent authority responsible for prosecuting criminal cases investigated by the police in England and Wales. It is responsible for:
    • Advising the police and reviewing the evidence on cases for possible prosecution
    • Deciding the charge where the decision is to prosecute
    • Preparing cases for court
    • Presenting cases at court

    The CPS consists of 42 Areas in total, each headed by a Chief Crown Prosecutor (CCP). A telephone service, CPS Direct, provides out-of-hours advice and decisions to police officers across England and Wales. The CPS employs around 8,400 people and prosecuted 1,091,250 cases with an overall conviction rate of 85.1% in 2007-2008.

    More about the CPS

    The CPS, together with ACPO and media representatives, has developed a Protocol for the release of prosecution material to the media. This sets out the type of prosecution material that will normally be released, or considered for release, together with the factors we will take into account when considering requests.

    Publicity and the Criminal Justice System protocol