Corporate Manslaughter and Corporate Homicide Act 2007

Reported February 2008

The Corporate Manslaughter and Corporate Homicide Act 2007 becomes law on 6th April 2008. This statute creates a new criminal offence where an organisation’s activities result in a person’s death owing to a gross failing or mismanagement by that organisation. The new offence is based on the duties already owed by organisations under the civil law of negligence but creating criminal penalties in the event of conviction.

This new legislation is in addition to the existing criminal liability of Directors and Senior Managers for gross negligence manslaughter, and health and safety offences. Penalties on conviction will include an unlimited fine and the court will have the discretion to impose a publicity order, requiring the organisation to publicise its conviction and fine.  Prosecutions for Corporate Manslaughter will naturally be tried in front of a jury and it remains to be seen how far the criminal law of negligence will be pushed by the prosecuting authorities. However, it should be borne in mind that Chiefs of Police are now almost routinely being forced to stand trial for criminal breaches of Health & Safety legislation.

As a result, many organisations are now reviewing their health and safety procedures, and looking for new ways to demonstrate their commitment to the safety of their employees and the public. As a part of that process, the protection available for lone workers who may be at risk must be considered. A number of measures can be taken including updating working practices along with the provision of protection devices, such as the Bold Identicom. Over the last three years, Bold has worked with a range of users in Councils, Transport, Public Health, Housing Associations and commercial organisations who all take the subject of protecting their lone workers seriously.

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