Corporate Manslaughter
The Corporate Manslaughter and Corporate Homicide Act 2007
The Act
The Corporate Manslaughter and Corporate Homicide Act 2007 took effect on 6 April 2008. Companies, organisations and Government bodies can now be prosecuted as a consequence of a gross breach of the duty of care resulting in the death of an individual, if ‘the way in which its activities are managed or organised by its senior management is a substantial element in the breach’ (Section 1(3)) [1].
Prior to 2007, successive Governments faced continual criticism that the common law offence of gross negligence manslaughter was inadequate to deal with serious tragedies (for example the Zeebrugge ferry disaster and King’s Cross fire), including those occurring in the workplace. In fact all attempts to prosecute large companies under the old law were unsuccessful.
The Corporate Manslaughter Act now makes it easier to initiate a prosecution against organisations – particularly large and more complex ones – because it focuses on the aggregated failures of senior management rather than attempting to prove an individual’s guilt (the ‘directing mind’ under the old law). Essentially, the Act codifies the existing common law test for gross negligence manslaughter, but directs it solely at organisations. In 2007, when the Bill received Royal Assent, Justice Minister Maria Eagle said,
’The Corporate Manslaughter Bill is a ground-breaking piece of legislation. This is about ensuring justice for victims of corporate failures. For too long it has been virtually impossible to prosecute large companies for management failures leading to deaths.
Today's Act changes this, for the first time companies and organisations can be found guilty of corporate manslaughter on the basis of gross corporate failures in health and safety. The Corporate Manslaughter and Corporate Homicide Act will make it easier to prosecute companies who fail to protect people.
We are sending out a very powerful deterrent message to those
The Act
The Corporate Manslaughter and Corporate Homicide Act 2007 took effect on 6 April 2008. Companies, organisations and Government bodies can now be prosecuted as a consequence of a gross breach of the duty of care resulting in the death of an individual, if ‘the way in which its activities are managed or organised by its senior management is a substantial element in the breach’ (Section 1(3)) [1].
Prior to 2007, successive Governments faced continual criticism that the common law offence of gross negligence manslaughter was inadequate to deal with serious tragedies (for example the Zeebrugge ferry disaster and King’s Cross fire), including those occurring in the workplace. In fact all attempts to prosecute large companies under the old law were unsuccessful.
The Corporate Manslaughter Act now makes it easier to initiate a prosecution against organisations – particularly large and more complex ones – because it focuses on the aggregated failures of senior management rather than attempting to prove an individual’s guilt (the ‘directing mind’ under the old law). Essentially, the Act codifies the existing common law test for gross negligence manslaughter, but directs it solely at organisations. In 2007, when the Bill received Royal Assent, Justice Minister Maria Eagle said,
’The Corporate Manslaughter Bill is a ground-breaking piece of legislation. This is about ensuring justice for victims of corporate failures. For too long it has been virtually impossible to prosecute large companies for management failures leading to deaths.
Today's Act changes this, for the first time companies and organisations can be found guilty of corporate manslaughter on the basis of gross corporate failures in health and safety. The Corporate Manslaughter and Corporate Homicide Act will make it easier to prosecute companies who fail to protect people.
We are sending out a very powerful deterrent message to those