New Corporate Manslaughter Offence Passed As Law

Posted on January 23^rd 2008

From the 6th April, a new offence called corporate manslaughter will be introduced. The new law changes the circumstances under which a company can be prosecuted for manslaughter.

The new Act draws a direct links between a companys management of health and safety and any accidents that then happen. From April 2008, systemic failing in H&S that cause fatal accidents will be prosecutable as corporate manslaughter.

The Ministry of Justice has produced guidelines for companies in advance of the launch date (@ www.justice.gov.uk).

Justice Minister Maria Eagle said: it is extremely important that companies and other organisations take health and safety seriously. Failure to do so can have devastating consequences - not only for the families of those affected but also for the businesses involved.

She added: 'This law will ensure that there is proper accountability - when very serious management failings lead to people being killed. This is not about over-regulation. Businesses should see this as an opportunity to make sure they have proper arrangements in place for managing health and safety. It is crucial for the people they employ and their customers that they are responsible and successful corporate citizens.'

The new offence fills a gap in the present laws where an organisation can only be convicted of manslaughter if one person at the top of the company, such as a director or chairman, is personally guilty. This does not account for how decisions are made and responsibility spread in many organisations.

Directors and managers can already be held accountable through health and safety laws and the existing manslaughter laws. The new offence is about corporate liability. In line with this, penalties, if found guilty include appropriately sized fines, remedial and publicity orders.

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