Corporate Manslaughter and Corporate Homicide Act 2007
- An organisation to which this section applies is guilty of an offence if the way in which its activities are managed or organised—
- causes a person's death, and
- amounts to a gross breach of a relevant duty of care owed by the organisation to the deceased.
- An organisation is guilty of an offence under this section only if the way in which its activities are managed or organised by its senior management is a substantial element in the breach referred to in subsection (1).
- For the purposes of this Act—
- "senior management", in relation to an organisation, means the persons who play significant roles in—
- the making of decisions about how the whole or a substantial part of its activities are to be managed or organised, or
- the actual managing or organising of the whole or a substantial part of those activities.
To be guilty of corporate manslaughter or corporate homicide, an organisation must have owed a "relevant duty of care" to the victim. As described above, under the Health and Safety Act 1974, employers have a duty or care to their employees and to anyone else who may be affected by their operations.
Prosecutions are brought against the organisation itself and not specific individuals, but individual directors, managers and other employees may be called as witnesses. Senior managers are the persons who make significant decisions about how the whole or a substantial part of the organisation's activities are managed or organised; or who actually manage or organise those activities.
Sentences can include an unlimited fine, a publicity order (requiring the company to publicise that it has been convicted and why) and remedial orders (requiring action to ensure the offence is not repeated).
Read Corporate Manslaughter and Corporate Homicide Act 2007.