Corporate manslaughter

The Corporate Manslaughter & Corporate Homicide Act 2007 came into effect on the 6th April 2008

At Clarkes we are able to offer representation and advice on this reaching legislation potentially affecting all companies from sole traders to bodies corporate.

An offence is committed under s.1(1) of the Act if:

An organisation in the way in which its activities are managed an organised:

caused a Persons death and
the activity amounts to a gross breach of a relevant duty of care owed by the organisation to the deceased.

The definition of "organisation" is important, as it is this general category that could potentially affect a wide range of businesses and companies.

This effect is compounded when considering who can be capable of owing a duty of care to another. For example:

Employees of others doing work or carrying out services for the organisation
Suppliers of goods / services
Construction and maintenance work
Any commercial activity
Using / keeping of plant, vehicle or other thing

With very little publicity this legislation is in effect NOW Clarkes are perfectly placed to advise and assist our Commercial Client's in relation to the Act including representation at Health and Safety Prosecutions.

For expert help and advice please contact our experienced team of Criminal Lawyers: