NEW CORPORATE MANSLAUGHTER LAW

Corporate Manslaughter and Corporate Homicide Act 2007, comes into force from 6th April 2008 and introduces a new Criminal Offence across the UK, prosecuting companies, partnerships and other organisations where there has been a gross failing in the management of Health and Safety with fatal consequences.

In England, Wales and Northern Ireland, the new offence is called ‘Corporate Manslaughter’ and in Scotland it is called ‘Corporate Homicide’.

A substantial part of the failure within the organisation must have been at a senior level, ie, it involves those who make significant decisions about the organisation. It is the organisation itself which will face prosecution, not Directors or Senior Managers, although these individuals can already be prosecuted for gross negligence, manslaughter and for Health and Safety Offences. An organisation guilty of the offence will be liable to pay an unlimited fine.

The Act also provides for Courts to impose a publicity order, requiring an organisation to publicise details of its convictions and fines. Whilst the Act does not create new Health and Safety duties, this is an opportunity for employers to think again about how they manage Health and Safety risks – employers should ensure they are taking proper steps to meet current Health and Safety Legislation.

If you would like further information regarding the Corporate Manslaughter and Corporate Homicide Act please contact this office.