| The Corporate Manslaughter and Corporate Homicide Act 2007 |
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The act introduces a new offence of corporate manslaughter and applies to companies but not individuals, e.g. directors. It replaces the common law offence of manslaughter by gross negligence for companies. It is vitally important that companies understand the implications for their business. The act introduces a new offence of corporate manslaughter and applies to companies but not individuals, e.g. directors. It replaces the common law offence of manslaughter by gross negligence for companies. It is vitally important that companies understand the implications for their business if they fall foul of the requirements. Under the act a company commits an offence if the way in which its activities are managed or organised causes a person's death, e.g. an employee, or amounts to a gross breach of a relevant duty of care owed to that person, e.g. health and safety. When hearing a case the jury will be able to take into account attitudes, policies, and systems that may have encouraged a management failure. If a company is convicted of this offence the penalty will be an unlimited fine but not imprisonment, which would be inappropriate for a company. The court could also impose a remedial order requiring the company to remedy the management failure, or a publicity order requiring the company to publicise the conviction. It is clear that there could be serious consequences for any company that does not comply with this Act, and we would encourage businesses to become familiar with its contents and to review their own policies regularly to ensure they do not fall foul of the legislation. Editor: - Taking early action could make a huge difference in the future, and getting your 'insurance policy' in place ASAP could be the best thing you ever did. Call ADS for advice on this matter. |
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