Corporate Manslaughter

Monday 28th January 2008

The Corporate Manslaughter and Corporate Homicide Act comes into force on 6th April 2008. Historically it has always been possible (at least theoretically) to prosecute an employer for manslaughter/murder. However, the prosecution has had to prove that the breach of duty/negligence was directly linked to an individual senior manager or director who represented the “controlling mind” of the business.

Under the new Act it will be enough for the prosecution to prove that the way in which the employer’s activities are managed by its senior management formed a substantial element of the negligence/breach. In addition it must be shown that there has been a “gross breach of a relevant duty”.

It is anticipated that this Act will make it significantly easier to prosecute businesses. However, there are significant limitations: only the corporate entity (the business itself) will be liable, not individual directors. Also the Act will not apply to employees of the business although employees are well protected by existing law.

At Winterbothams we advise all businesses to carefully review their health and safety policies and procedures. Juries will be entitled to take into consideration the attitude and the policies of the business with regard to health and safety in arriving at a verdict.

January 2008