FAQ
Why has the Corporate Manslaughter Act 2007 being introduced?
- The previous law required an individual to be capable of being convicted of gross negligence manslaughter and the same individual being senior enough to be the “directing mind” of the organisation
- This led to inequality as small companies have been prosecuted due to the “directors” having a hands-on approach, while larger companies have escaped prosecution as no blame could directly be found
What difference is this going to make to me?
- The Act removes the key obstacle to convicting large companies – the need to convict a directing mind
- An organisation will be guilty of an offence in which its activities are managed or organised and;
- causes a persons death, and
- amounts to a gross breach of relevant duty of care
- The offence is directed at companies/organisations that are defined as being companies, partnerships, trade unions, employers’ associations, police forces and a number of government departments and public bodies
How can companies/organisations be penalised?
- The major penalty on conviction is an UNLIMITED FINE – although this is currently the case for other health and safety legislation, higher fines are anticipated
- A recommendation of between 2.5-10% of a company’s annual turnover has been suggested as the fine
- The current record of £15 million could well be substantially exceeded
- A convicted organisation can be required to adhere to specified steps in order to resolve the management failure
- A court may also order the organisation to publicise its conviction, displaying the specified information of the case, the fine imposed and the terms stated
Further useful information…
- An individual cannot be prosecuted under the Act and no one can be imprisoned – it should however be noted individuals still fall under the Gross Negligence Manslaughter Act
- The Government predict the Act will make it easier to prosecute large companies whose failures in management of Health and Safety lead to deaths
- For legal reasons the law will be known as Corporate Homicide in Scotland, the principles remain the same
