| The Corporate Manslaughter and Corporate | | | | causes a person's death and this amounts to a |
| Homicide Act 2007 comes into force on 6 April | | | | gross breach of a relevant duty of care owed by |
| 2008, and all businesses must therefore take a | | | | the organisation to the deceased. |
| look at their existing health and safety regulations, | | | | The shift of focus - from the 'directing mind' to |
| if they don't want to face an unlimited fine plus | | | | senior managers - in the new offence is |
| potential humiliation by 'name and shame'. | | | | considered to make it easier to obtain successful |
| The new offence of corporate manslaughter is | | | | convictions. |
| committed where an organisation commits a | | | | What must businesses do now? |
| 'gross breach' of a 'relevant duty of care', leading | | | | Organisations should prepare themselves for the |
| to a person's death. This recent change to | | | | changes in corporate law and health and safety |
| corporate law and health and safety law means | | | | law by undertaking a complete and thorough |
| that it will no longer be necessary to identify an | | | | review of their safety management systems and |
| individual director guilty of gross negligence, all that | | | | of how they are practically implemented. This will |
| is required is an organisational or gross | | | | necessarily incur costs but these costs are likely |
| management failing causing death. | | | | to be a fraction of any potential penalty if found |
| What happened in the past | | | | guilty of corporate manslaughter. |
| Under the existing common law provisions, to | | | | The penalty |
| punish an organisation appropriately, the | | | | Of course, companies cannot be sent to prison, |
| Prosecution have to prove 'gross negligence | | | | so the penalty usually imposed is a financial one. |
| manslaughter' by an individual who is part of the | | | | The Sentencing Guidelines Council have suggested |
| 'directing mind' of the organisation which caused or | | | | that on conviction for an offence of corporate |
| contributed to the death. | | | | manslaughter, the court, as a starting point, should |
| This has proved to be an almost insurmountable | | | | impose a fine which is equal to 5% of the |
| task, particularly in relation to large organisations | | | | organisation's annual turnover, with the ability to |
| where, in reality, there is no one individual who | | | | go up to 10% or more if there are aggravating |
| could properly be considered part of the 'directing | | | | factors. This would, for most companies, |
| mind' of the organisation. | | | | represent a very large fine indeed. |
| As a result, governments have long been under | | | | In addition to a fine, courts can compel the |
| pressure to update corporate law and health and | | | | organisation to 'advertise' their conviction in the |
| safety law in order to force businesses to be | | | | local or national press on the basis that a 'name |
| brought to justice in the case of gross negligence | | | | and shame' culture may send a message to other |
| leading to the death of a worker. | | | | businesses. The idea is that the stigma of being |
| A shift of focus | | | | convicted of corporate manslaughter could have a |
| The new offence of corporate manslaughter will | | | | devastating affect on a business, and the threat |
| be committed if the way in which a business' | | | | will cause businesses to take more care with their |
| senior managers organise or manage the activities | | | | health and safety regulations. |