![]() Individuals cannot be prosecuted for the offence, whether as an accessory or otherwise. Specified government departments and police forces can also be held liable. Public bodies such as local authorities and NHS Trusts can also be held liable, on the grounds that they are bodies incorporated by statute (see section 25 and para 15 of the explanatory notes). They include private bodies such as limited companies and partnerships. The offence applies only to certain organisations, as defined by the Act. There were “effective laws in place to prosecute organisations where they have paid scant regard to the proper management of health and safety with fatal results” (Government reply to the First Joint Report from the Home Affairs and Work and Pensions Committees, 2005/06 HC 540). ![]() ![]() The statutory offence of Corporate Manslaughter was brought in to ensure that Every Crown Prosecutor may give consent and it is recommended that the file is endorsed with specific reference to the consent under Section 17 of the Act.Ĭases which may result in proceedings for corporate manslaughter, with the exception of cases involving unincorporated partnerships, must be referred to the Special Crime Unit, Special Crime and Counter Terrorism Division. ![]() In England and Wales, proceedings may not be instituted without the consent of the Director of Public Prosecutions. The offence of Corporate Manslaughter is indictable only. The sentence range is specified as £180,000 to £20 million. The level of sentence will depend on the size of the organisation. The Court also has power to make ancillary orders including Remedial Orders and Publicity Orders.Ī definitive sentencing guideline has been published by the Sentencing Council with effect from 1st February 2016. Because the defendant is a corporate body, the penalty must be a fine. The test is whether the breach made a more than minimal contribution to the death. The prosecution must prove that the breach of duty was causative of death. Liability for the offence is assessed by looking at the failings of the organisation as a whole. However, the failings at senior management level do not of themselves have to amount to a gross breach of duty. The failings of senior management must have formed a substantial element in the breach. Wider considerations such as the overall management of health and safety, the selection and training of staff, the implementation of systems of working and the supervision of staff can be taken into account.Īn organisation is not liable if the failings were exclusively at a junior level. Under the 2007 Act, the offence of Corporate Manslaughter relates to the way in which the relevant activity was managed or organised throughout the company or organisation. However, it is no longer necessary to show that a person who was the ‘controlling mind’ of the organisation was personally responsible for the offence. There is a high threshold for liability, requiring proof of a gross breach of the relevant duty of care. It continues to apply only to the most serious corporate failings. The offence of gross negligence manslaughter is abolished insofar as it relates to companies and other organisations.Ĭorporate Manslaughter is wider in scope than the previous common law offence. The offence was created to ensure that companies and other organisations can be held properly accountable for very serious failings resulting in death. Alternative Charges and Additional DefendantsĬorporate Manslaughter is an offence created by Section 1 of the Corporate Manslaughter and Corporate Homicide Act 2007 (‘the Act’).Work-Related Deaths - A Protocol for Liaison.Liability of Directors and Managers (Section 37).Duties of an employer (Sections 2 and 3).Alternative charges and additional defendants under HSWA 1974.When it is appropriate to charge both corporate and individual gross negligence manslaughter.Cases where a charge of Corporate Manslaughter is academic. ![]()
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