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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

Decision to Charge

Once the Police have completed their investigations, they will refer the case to the Crown Prosecution Service for advice on how to proceed. We will then make a decision on whether a suspect should be charged, and what that charge should be.

Find out more about how we decide whether to charge a suspect

Find out more about private prosecutions

Home » News Centre » Press Releases » CPS advises charges over death of two firemen

CPS advises charges over death of two firemen

09/06/2006

The Crown Prosecution Service has advised Sussex Police to charge Martin and Nathan Winter with the manslaughter of two fire crew, who died as the result of explosions and a blaze at a firework depot in East Sussex in 2006.

Geoffrey Wicker and Brian Wembridge died while on duty in the fire at Festival Fireworks depot. The company, now known as Alpha Fireworks Ltd, has been summonsed for breaches of the Manufacture and Storage of Explosive Regulations 2005.

The CPS advised Sussex Police, in partnership with the Health and Safety Executive, during the investigation into the circumstances that led to the explosions and blaze at the firework depot.

  1. Martin Winter is aged 50 and his son, Nathan Winter, is aged 23.
  2. National media enquiries to CPS Press Office on 020 7796 8079. Regional and local media enquiries to CPS Sussex Communications Manager on 01273 765604.
  3. The Crown Prosecution Service is the Government Department 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;
    • Presentation of 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 83.7% in 2006-2007.

    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