Corporate Manslaughter
The Corporate Manslaughter and Corporate Homicide Act 2007 became
law on 6 April 2008 and established a new statutory offence of
Corporate Manslaughter (Corporate Culpable Homicide in Scotland).
The
act makes an organisation liable to prosecution if its activities and
the way it manages these cause a persons death, amounting to a gross
breach of its duty of care).
The
new offence builds on the responsibilities that employers and
organisations already owe to their employees and members of the general
public, regarding to the premises they occupy and the activities they
perform. Previously, an organisation could only be convicted of
manslaughter if a senior manager or director was also personally liablet.
To
establish if an organisation is guilty of corporate manslaughter, the
courts will look at management systems and practices across the
organisation to establish if an adequate standard of care was applied
to the fatal activity. Juries will be required to consider the extent
to which an organisation was in breach of its health and safety
requirements and how serious those failings were. They will be able to
consider the culture that exists within an organisation relating to
health and safety issues. Poor attitudes of management that result in a
lower standard of care than could reasonably be expected will be
punished.
This
legislation is far reaching and can potentially affect all companies,
from sole traders and partnerships through to public limited
companies. At Clarkes we are able to offer advice and assistance and
even representation during any Health and Safety Prosecution.
For expert legal help and advice contact Jonathan Mason or Shakeel Ahmed from our Criminal Law team on 01952 618787.
