Corporate Manslaughter

Corporate manslaughter is defined as the criminal failings by a corporate body which leads to a death at work. The Corporate Manslaughter and Corporate Homicide Act 2007 (CMA) came into force on 6 April 2008 and created a statutory offence of corporate manslaughter in England, Wales, and Northern Ireland, and corporate homicide in Scotland.

Section 1 of the CMA states that:

(1) An organisation to which this section applies is guilty of an offence if the way in which its activities are managed or organised—(a) causes a person's death, and (b) amounts to a gross breach of a relevant duty of care owed by the organisation to the deceased.

The legislation applies to all corporations and some unincorporated bodies such as trades unions, partnerships, employers’ organisations and police forces. It also applies to most Crown bodies, although the CMA precludes a ‘relevant duty of care’ arising in respect of many of their activities.

When guilty of corporate manslaughter...

Organisations guilty of corporate manslaughter should face publicity orders and fines based on average annual turnover, according to proposals set out by the Sentencing Advisory Panel (SAP).

It is suggested that the imposition of significant fines would reflect the serious concerns resulting from the unnecessary loss of life involved in corporate manslaughter, where death has been caused by a gross breach of the duty of care that an organisation owed to the deceased. The prospect of large fines should also encourage compliance with health and safety regulations.

The courts may also impose a publicity order – a new sanction that is designed to bring the failings of the offending organisation to the attention of the public – and the Panel proposes that, in principle, courts should impose a publicity order on every organisation convicted of the offence.

A range of publicity options are suggested in the consultation paper, including the placing of an advertisement in newspapers and trade journals or on television or radio, as well as ordering that letters are sent to shareholders and customers.

In summary, the aims of the fine described should be sufficient to:

• reflect serious concern at the consequences of the breach
• ensure that those responsible for governance of the organisation are properly aware of the need to ensure a safe environment
• eliminate any financial benefit from the offence (if possible).

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