FAQ's
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When did the new Act come into force?
The Corporate Manslaughter and Corporate Homicide Act was given Royal assent on 26 July 2007. The offence came into force on 6 April 2008 and is called corporate manslaughter in England, Wales and Northern Ireland, and corporate homicide in Scotland.
Are there any new duties or obligations under the Act?
There are no new duties or obligations under the Act, nor is the new offence part of health and safety law. It is, however, specifically linked to existing health and safety requirements.
What do companies and organisations need to do to comply?
Companies and organisations that take their obligations under health and safety law seriously are not likely to be in breach of the new provisions. Nonetheless, companies and organisations should keep their health and safety management systems under review, in particular, the way in which their activities are managed or organised by senior management.
Where does health and safety legislation come in?
Under the Act, health and safety legislation means "any statutory provision dealing with health and safety matters" so it will include transport (road, rail, river, sea, air) food safety and workplac safety as enforced by HSE and local authorities.
Who will investigate and prosecute under the new offence?
The police will investigate suspected cases of corporate manslaughter/homicide. Prosecution decisions will be made by the Crown Prosecution Service (England and Wales), the Crown Office and Procurator Fiscal Service (Scotland) and the Director of Public Prosecutions (Northern Ireland).
Will directors, board members or other individuals be prosecuted?
H.S.E. 'Legal responsibilities of employers points out that recent case law has confirmed that directors cannot avoid a charge of neglect under section 37 of the health and safety at work act 1974 by arranging their organisation's business so as to leave them ignorant of circumstances which could trigger their obligation to address health and safety breaches
What penalties will a company or organisation face?
Penalties will include unlimited fines, remedial orders and publicity orders. A remedial order will require a company or organisation to take steps to remedy any management failure that led to a death. The court can also impose an order requiring the company or organisation to publicise that it has been convicted of the offence, giving the details, the amount of any fine imposed and the terms of any remedial order made. The publicity order provisions will not come into force until the Sentencing Guidelines Council has completed its work on the relevant guidance.
Will the Act be retrospective?
No, the Act came into force on 6 April 2008 and will only apply to deaths that occur from that date. Deaths that occur before 6 April 2008 will continue to be covered by the previous law on corporate manslaughter.