Corporate Manslaughter Corporate Homicide Act 2007
Corporate Manslaughter & Corporate Homicide Act 2007
The Corporate Manslaughter & Corporate Homicide Act 2007 received royal assent on 26th July 2007 and comes into effect on 6th April 2008.
New offence called “corporate manslaughter” in England, Wales and Northern Ireland and “corporate homicide” in Scotland has been created for prosecuting companies and other organisations where there has been a gross failing, throughout the organisation, in the management of health and safety with fatal consequences.
The offence can be brought against a company or other unincorporated organisation where the death of a person arises from the way that an organisation has managed it”s activities, and amounts to a gross breach of duty to take reasonable care for that person”s safety, and will face an unlimited fine.
The prosecution of a corporate body for manslaughter by gross negligence is not new, but to secure a conviction under s37 of The Health and Safety at Work etc Act 1974 (HASWA), the prosecutor had to demonstrate a failure on the part of the organisation”s “controlling mind” where a common law duty was owed to a person which resulted in death. Senior management as defined by the Act will be the target for the new offence as those persons who play a significant role in decisions made in how an organisation is managed.
The personal liability of senior managers will remain unchanged under HASWA as a recent case of a managing director and sole shareholder of a company who was jailed for nine months and the company with an £11m turnover was fined £75,000 and was ordered to pay £89,000 costs.
About the author:
David is a qualified Health and Safety Consultant, Asbestos Surveyor, CDM Coordinator, Safety Trainer – He is available for hire. Please contact him at mailbox(at)veritas-consulting.co.uk
Corporate Manslaughter & Corporate Homicide Act 2007 / Author: Safety Nut
Occupation: Safety Consultant and part time Website Designer
David is a qualified Safety Consultant from Birmingham offering Asbestos Survey- CDM Coordinator, please may i invite you to visit my website veritas-consulting.co.uk for further information. I do hope my articles provide an excellant resource for health and safety information for fellow viewers.
http://www.veritas-consulting.co.uk
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