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On April 6 2008 the long awaited Corporate Manslaughter Act will come into effect. Companies or organisations whose gross negligence causes the death of an individual will face prosecution for manslaughter.
As a result of the new law, all companies, organisations and Government bodies will be affected. All will face unlimited fines if they are found to have caused death due to their gross corporate health and safety failures.
The long awaited Corporate Manslaughter Act is a landmark in law following more than 10 years of campaigning by unions and other groups. Employees of companies, consumers and other individuals will be offered greater protection against corporate negligence. The new law will focus the attention of companies and organisations by ensuring that they take their health and safety obligations seriously.
The Corporate Manslaughter Act 2007
- By delivering a more effective basis for corporate liability, the new law will make it easier for companies and organisations (large and small) to be prosecuted. Stumbling blocks to successful prosecutions have been removed.
- The new law complements the current law under which individuals can be prosecuted for gross negligence, manslaughter and health and safety offences. This occurs when there is direct evidence of their involvement. The Act builds on existing health and safety legislation – so the new offence does not impose new regulations on businesses.
- As of April 2008 the immunity to prosecution for the Crown will be removed. Crown bodies – such as Government departments – will now be liable for prosecution, this is something that was previously not possible. The Act will apply 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.
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