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 liable.
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 with Corporate Manslaughter contact Jonathan Mason or Shakeel Ahmed from our Criminal Law team on 01952 618787.
