Corporate manslaughter



The Corporate Manslaughter and Corporate Homicide Act 2007 created a new offence of “corporate manslaughter” when it came into force in 2008. The legislation aimed to make it easier to prosecute companies and other large organisations when gross failures in their management of health and safety led to a death. The Act was the result of persistent pressure from safety campaigners and unions. The new law removed a key obstacle in previous prosecutions, where a company could only be convicted of manslaughter if a “directing mind” (such as a director) at the top of the company was also personally liable. The Act also lifted crown immunity to prosecution for manslaughter. It applies to companies and other corporate bodies in the public and private sector, government departments, police forces and certain unincorporated bodies, such as partnerships, where these are employers.



The Act allows a jury to convict an organisation for both the offence of corporate manslaughter and for health and safety offences. This allows company directors to be prosecuted for a health and safety offence at the same time that the company is prosecuted for corporate manslaughter.



Potential penalties for corporate manslaughter include an unlimited fine, a remedial order, and a publicity order. Sentencing Council guidelines (see pages 33-35) set out that for large organisations with a turnover of more than £50 million, where the most serious offences have been committed, fines of up to £20 million should be handed down, with the possibility of a higher fine where the turnover greatly exceeds the threshold.



The Home Office initially estimated that there would be around 10 to 13 convictions under the Act each year. However, 10 years on, only 26 companies have been convicted and fines have generally been well below even the previous Sentencing Council guideline minimum recommended figure of £500,000.