The Corporate Manslaughter and Corporate Homicide Act 2007

The Corporate Manslaughter and Corporate Homicide Act is due to come into force on 6 April 2008 and affects both private and public sector organisations, with some exemptions.  It will create a new offence called corporate manslaughter in England, Wales and Northern Ireland, and corporate homicide in Scotland. 

There are no new duties or obligations under the Act, nor is the new offence part of health and safety law. It is, however, specifically linked to existing health and safety requirements.

The main provisions of the Act:

  • ‘Management failure’ is the linchpin of the reforms – there will be no need to identify a prosecutable individual
  •  A death must occur before the offence can be made out – the Act does not encompass serious workplace accidents
  •  An organisation will be guilty of an offence if the way in which its activities are managed or organised by senior managers result in a person’s death and amount to a gross breach of a relevant duty of care owed by the organisation to the deceased
  •  Failure to have adequate safety policies can be a basis for prosecution
  •  There is no individual liability – the Act only deals with the corporation’s liability.  As such, individuals such as directors will not be personally liable under this Act.
  •  An organisation that is found guilty of an offence under the Act is liable on conviction to an unlimited fine.  By implication, prosecution costs can also be awarded against the organisation.  In addition, the court may order the breach to be remedied and/or a publicity order.

Be aware that whilst there is no direct individual liability under the Act, existing health and safety offences as well as the offence of manslaughter by gross negligence will continue to apply to individuals. 

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