The Corporate Manslaughter Act

April 2008

The Corporate Manslaughter Act came into force early in April 2008.

Up to now it has been very difficult to bring manslaughter prosecutions against companies where fatalities resulted from failures in procedures, or breaches of a duty of care. The new Act simplifies this procedure and clarifies what constitutes the directing mind of the company.

Companies prosecuted under the Corporate Manslaughter Act will face an unlimited fine and a remedial order, which requires the company to take various steps, including steps to address the failures that led to the death.

Companies will have to make sure that their health and safety policies and procedures are up to date and followed by their workforce, equipment is well maintained and fit for its purpose, and staff training is thorough. Failures leading to death are likely to result in a corporate manslaughter charge, together with additional charges under other legislation.

Commentators have predicted that the new legislation will bring about a new focus on systems and procedures, particularly in those industries with inherent risk to its workers.

If you would like more information on The Corporate Manslaughter Act, or advice on whether you have adequately addressed all risks, please contact us.

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