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