AQW 20247/22-27 Written question to the Minister of Justice

To ask the Minister of Justice (i) to detail the limitations of securing a manslaughter conviction where the cause of death was dangerous driving which occurred on private land; and (ii) whether she has any plans to extend death by dangerous driving offence to include private property.

Asked by Claire Sugden MLA on 9 January 2025

  • Answered
  • Written
Tabled
9 January 2025
Answer due by
24 January 2025
Answered
21 January 202512 days after tabling
Department
Department of Justice
Priority question
No

Answer

Manslaughter falls into the two broad categories of involuntary and voluntary.

Involuntary manslaughter is unlawful killing without the intent to kill or cause serious harm. Voluntary manslaughter occurs when all the elements for murder are present, including an intention to kill or cause serious harm, but the crime is reduced to manslaughter by reason of loss of control or diminished responsibility.

If a death occurs which fulfils the criteria for either of these categories, then a manslaughter conviction may be possible. The outcome of any charge is a matter for the courts, taking into consideration all the facts and evidence presented in the case.

The offence of causing death by dangerous driving is contained within the Road Traffic (Northern Ireland) Order 1995, for which my Department is not responsible. Any plans to extend the offence would fall outside my remit.

Official sources