Corparate manslaughter

The Corporate Manslaughter & Corporate Homicide Act came into force in April 2008 creating the offences of corporate manslaughter in England, Wales and Northern Ireland and corporate homicide in Scotland. Stephensons specialise in defending regulatory prosecutions. For immediate help in an emergency, whatever the time or day, contact us on: 01616 966 229 or complete our online enquiry form.

Under the Corporate Manslaughter & Corporate Homicide Act 2007, an organisation commits an offence if the way in which its activities are managed or organised causes a person’s death and amounts to a gross breach of a relevant duty of care owed by the organisation to the deceased. A breach is 'gross' if the alleged conduct falls far below what can reasonably be expected of the organisation in the circumstances.

There are two questions that determine whether a corporate manslaughter offence has been committed:

Has there been a gross breach of a duty of care?
Is the way in which the activities are managed or organised by senior management a substantial element of the breach?

What the jury must consider:

Non-compliance with any health and safety legislation that relates to the alleged breach, the seriousness of that failing and how much of a risk of death it posed. A jury may refer to relevant health and safety law and guidance issued by relevant authorities
The extent to which attitudes, policies, systems or accepted practices within the organisation that were likely to have encouraged or produced a tolerance to the failure, having a safe system in place may not be good enough if it is allowed to be routinely ignored

Senior management is defined as people playing significant roles in, the making of decisions about how the whole or a substantial part of company activities are to be managed or organised and he actual managing or organising of the whole or a substantial part of those activities.

If accused of a corporate manslaughter/homicide offence seek legal advice from an experienced solicitor immediately, ensuring that your solicitor is present if you are 'PACE interviewed' under caution. It is also important that any manager or employee who speaks to the investigating authority has taken legal advice first.

Penalties include:

Unlimited fine - guidelines are up to 10% of average annual turnover
A remedial order to make the organisation take specified steps to remedy the breach
A publicity order - 'name and shame'

Four key steps to avoiding the problem:

Understand your duty of care obligations at a senior management level
Ensure you have satisfactory arrangements in place - particularly include a high level review of strategic approach, responsibilities, reporting structures and policies
Ensure your organisation is complying with these arrangements - that attitudes, policies and arrangements are actually being followed through all the way to grass roots level
Implement any necessary changes and set a date for the next review