The Corporate Manslaughter Act in Detail
The Corporate Manslaughter Act 2007 places the law on corporate manslaughter on a new footing. The new offence is called “corporate manslaughter” in England and Wales and Northern Ireland and “corporate homicide” in Scotland.
An organisation will be found guilty if the way in which its activities are managed or organised causes a death and amounts to a gross breach of a relevant duty of care to the deceased. A major part of the breach must have been in the way activities were managed by senior management.
The Act arose from a recognition that the common law principles of manslaughter (which had been developed to deal with individuals) were ill-suited to the prosecution of companies.
Prosecutions will not be individuals but the corporate body. The liability of directors and board members will be unaffected and the corporate body itself and individuals can still be prosecuted for separate health and safety offences.
Why the change?
Formerly organisations could only be convicted of manslaughter if, for example, a director was also personally liable. This was not a reflection of real life and the law failed to provide justice for victims and proper accountability. The new offence provides a more effective means of accountability, places liability in a wider context. It will complement and not replace other forms of accountability.
Well managed organisations will be supported by the offence whilst those which cut costs and take unjustifiable risks with people’s safety will be targeted.
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