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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

Home » News Centre » Press Releases » CPS Statement on death of Philip Prout

CPS Statement on death of Philip Prout

23/08/2005

The Crown Prosecution Service has advised that there is insufficient evidence for a prosecution against any officer from Devon and Cornwall Police following the fatal shooting of Mr Philip Prout by armed police officers in Cornwall last year.

Mr Prout was shot by a police officer outside his home in Lewannick as he walked towards the officers while in possession of a samurai sword. He was taken to hospital in Plymouth where he died later the same day.

Chris Newell, CPS Director of Casework said: "This is a tragic case and the reviewing lawyer for the CPS Casework Directorate in Birmingham, which dealt with the case, has had several meetings with the daughters of Mr Prout, who raised areas of concern.

"This was the first investigation undertaken by the new Independent Police Complaints Commission and the file of evidence from a painstaking and thorough investigation was passed to the CPS earlier this year.

"The reviewing lawyer considered all the evidence most carefully, which included 200 statements and two volumes of exhibits, and also took advice from senior counsel.

"I am satisfied there was no undue delay in the review as this was a most serious matter and it has been given a great deal of care and attention by the CPS."

Mr Newell said the potential offences considered were murder, manslaughter and misconduct in a public office.

He said: "As well as looking at the evidence relating to officers who fired - or tried to fire - their weapons, and deciding there was insufficient evidence for a realistic prospect of conviction, it was also decided there was no evidence against any senior officer in the force that could lead to a prosecution.

"Our thoughts are with the family of Mr Prout and we offer our condolences at his tragic and untimely death."

Notes to Editors

  1. Philip Prout, a 53 year old widower, was killed on May 4, 2004, at his home in Lewannick, near Launceston, Cornwall.
  2. For further information contact CPS Press Office, 020 7796 8180.