Law Weblog

Corporate manslaughter will be in force on 6th April 2008, at least some of it.

Corporate Manslaughter and Corporate Homicide Act
The Act is here.
The new Corporate Manslaughter Act became law today after 10 years of campaigning.

Under the new law companies, organisations and, for the first time, Government bodies face an unlimited fine, for corporate manslaughter, if they are found to have caused death due to their gross corporate health and safety failures.

A key obstacle to successful prosecutions has now been removed. It means that both small and large companies can be held liable for manslaughter where gross failures in the management of health and safety cause death.

Zeebrugger ferry disaster, picture from www.thefirstpost.co.uk/

The Act builds on existing health and safety legislation – so the new offence does not impose new regulations on business. It is about corporate liability, not increasing liability for individual directors or managers who can already be held to account through health and safety laws and the common law of manslaughter.

Crown bodies – such as Government departments police forces and certain other bodies – will be liable to prosecution.
The Act will come into force on 6 April 2008 and the Ministry of Justice will issue further guidance for organisations affected by the Act in the Autumn. (The offence to deaths in custody will not come into effect on the 6 April, but at a later date).

The Act was passed on the same day that the latest work related fatal injury statistics were published by the Health and Safety Commission.  Chairman Sir Bill Callaghan said that the loss of 241 lives is unacceptable and issued a fresh challenge to industry to place safety at the top of its priorities and do more to protect the work force.

More information about HSE can be found at: http://www.hse.gov.uk