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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 » DPP refers William Dunlop case to Court of Appeal as first under double jeopardy law

DPP refers William Dunlop case to Court of Appeal as first under double jeopardy law

10/11/2005

The Director of Public Prosecutions, Ken Macdonald, QC, has today given his consent for the case of William Dunlop to be referred to the Court of Appeal - the first under the double jeopardy law.

Mr Macdonald said: "It falls to me to authorise a police investigation and to give my written consent for a case to be referred to the Court of Appeal if certain conditions are met, including that there is new and compelling evidence and that it is in the public interest.

"Having looked at the submissions from the Chief Crown Prosecutor for Cleveland, Martin Goldman, I am satisfied the conditions are met and the CPS should apply to the Court of Appeal for William Dunlop to be re-tried for the murder of Julie Hogg.

Mr Goldman said: "Once the law on double jeopardy changed, Cleveland Police and the CPS re-examined the case and I decided the DPP should be asked for his consent for the case to go before the Court of Appeal.

"It is now for the Court of Appeal to decide whether or not William Dunlop should be tried again for the murder of Julie Hogg."

The reform of the double jeopardy rule - that a person once acquitted cannot be tried twice for the same offence - came into force earlier this year under the Criminal Justice Act 2003.

Under the Act, the Court of Appeal has the power to quash an acquittal and order a re-trial where there is new and compelling evidence relevant to the guilt of the acquitted person and it is in the interests of justice to do so.

William Dunlop faced two trials for the murder of Julie Hogg who was killed in 1989 in Billingham, Cleveland. Each time the jury failed to reach a verdict and he was formally acquitted in 1991.

  1. The provisions on the retrial of serious offences (double jeopardy) under the Criminal Justice Act 2003 came into force on April 4, 2005.
  2. For further details contact the CPS Press Office on 020 7796 8180.