What is the law on corporate manslaughter?

A business accused of corporate manslaughter will have their case heard by a jury that will determine if the alleged breach or breaches of the health and safety regulations actually took place. The decision about whether to bring a case before the courts is made by the Crown Prosecution Service (England and Wales), the Crown Office and Procurator Fiscal Service (Scotland), and the Director of Public Prosecutions (Northern Ireland). If your business is accused of corporate manslaughter, you should seek legal advice from a criminal law solicitor immediately.

For a case to be brought to court, it must be shown that a serious failure occurred at senior level, which is defined as the people within the business or organisation that have overriding decision making responsibility. Claiming that senior management delegated their business’s health and safety provisions to a junior manager is no defence under the new Act. You should consult you criminal law solicitor to determine if a serious failure occurred at management level.

The law includes an unlimited fine for any organisation that is found guilty. The organisation can also be given publicity orders that compel the business to publicise the fact they have been convicted. And remedial orders can also be handed down to ensure the management of the business resolve the issues that led to the death. Note that the new corporate manslaughter Act is not retrospective. The Act itself came into force in April 2008. For more legal advice on corporate manslaughter, contact a criminal law solicitor.

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