Commercial Alerts

Corporate Manslaughter

26-Mar-08

The Corporate Manslaughter and Corporate Homicide Act 2007 takes effect from 8 April 2008. It applies to companies, limited partnerships and ordinary partnerships.

Prior to the introduction of this Act it was possible for a corporate body to be prosecuted for manslaughter (amongst other criminal offences) but, before it could be convicted, a senior manager of the organisation (technically known as a ‘directing mind’) also had to be guilty of the offence.

The Act removes this requirement - although individuals will remain potentially liable for health and safety offences. The new offence allows an organisation’s liability to be assessed on a wider basis, providing a more effective means of accountability for very serious management failings. The Act is designed to complement, not replace, other forms of accountability.

For an offence to be committed there must have been a substantial failure within the organisation at senior level and the organisation must have owed a relevant duty of care to the victim. “Senior level” means the people who make significant decisions about the organisation or substantial parts of it.

“Relevant duty of care” essentially means an organisation has to take reasonable steps to protect a person’s safety. For example, it may be wise for employers whose employees use their own vehicles in carrying out their job to implement systems which check driving licences, MOT certificates, service records and insurance.

The failure must amount to gross negligence. The way in which activities are managed or organised must have fallen far below what could reasonably have been expected and must have caused the victim’s death.

The penalties include:

•A Fine (without limit)
•A Publicity Order – an organisation can be required to publicise the fact of its conviction and certain details of the offence in a way to be specified by the Court
•A Remedial Order requiring the organisation to address the cause of the fatal injury

For further information please contact Tony Hatton on 01494 525941

These notes are for guidance purposes only. We believe the contents to be correct but it should not be taken as sufficiently accurate or full to apply in any specific situation without first referring to us. We would be pleased to advise on any specific issue or problem.
If you do not want to remain on our mailing list please email us at partners@rpj.uk.com