Corporate Manslaughter
Our Corporate Manslaughter Solicitors specialise in providing advice and representation where there has been a workplace fatality. Should a fatality occur, it is crucial that urgent and appropriate advice is obtained.
Early advice is crucial. Contact us today via our contact page, alternatively, call 03330 150150 or email info@blackfords.co.uk.
Manslaughter and Corporate Manslaughter
The initial investigation following a fatality at work or in a business environment will be conducted by the police and the possible offence/s will be Corporate Manslaughter for the company or business under the Corporate Manslaughter and Homicide Act 2007.
If an individual is believed to be responsible for the material incident and the death of any employee or third party, they may be accused, investigate and prosecuted for gross negligence manslaughter. It makes no difference if the individual is a senior person (a manager) or someone more junior within the organisation. The issue will be whether their actions or a failure to do something are a substantial contribution to the death.
Contact our Corporate Manslaughter Solicitors via our contact page, alternatively, call 03330 150150 or email info@blackfords.co.uk.
When Is an Offence Classified as Corporate Manslaughter?
A company or organisation can be prosecuted for corporate manslaughter if regulatory breaches cause a fatality. In order to be found guilty of corporate manslaughter, the Prosecution must prove certain elements:
Duty of Care
Under the Corporate Manslaughter Act, the “Relevant Duty of Care” is outlined under Section 2(1). These duties fall under the laws surrounding negligence. It questions who a duty is owed to and who that duty is owed by. This includes:
- The duty owed by an employer to employees
- As a connection with the supply of goods or services
- The overall conditions of worksites
- The condition of equipment that is used by employees
Gross Breach
When a prosecutor is investigating whether the situation constitutes corporate manslaughter, they will consider if a company was in gross breach of a duty of care. Section 1(4)(b) of the Act defines a gross breach as, “a breach of a duty of care by an organisation is a “gross” breach if the conduct alleged to amount to a breach of that duty falls far below what can reasonably be expected of the organisation in the circumstances”.
Examples of gross breach include:
- How serious the failure was
- If the defendant did not comply with health and safety legislation
- Whether any policies or systems could have led to the death
- Events that demonstrate a poor attitude towards health and safety
Causation
To prove that the incident was manslaughter, there must be a link between the gross breach of the duty of care and the fatality. For a charge to occur, there can’t be any act which breaks this chain of causation.
It is important to note that in some manslaughter cases, the organisation or company’s act can only be substantial in the cause of death, rather than the sole cause.
Causation in corporate manslaughter cases can be complex. The chain of events leading up to the death is one of the focuses, yet whether this chain was broken is not always clear.
Contact our expert Corporate Manslaughter Solicitors via our contact page, alternatively, call 03330 150150 or email info@blackfords.co.uk.
Frequently Asked Questions
What Is Corporate Manslaughter?
This offence was created as a way to hold companies accountable for failings that result in a death. The 2007 Act widened the scope to include the management of organisations rather than simply an individual’s mistake.
Who Can Commit Corporate Manslaughter?
Both private and public companies can be prosecuted for corporate manslaughter if they operate in the UK.
While anyone’s mistake may have led to the death, the legal responsibility falls on the organisation. However, in cases where there is sufficient evidence and it is in the public interest, prosecutions against individuals can be taken.
What Is the Penalty for Corporate Manslaughter?
If a company or organisation is found guilty of corporate manslaughter, they may face unlimited fines, remedial orders or publicity orders. A remedial order calls for the company or organisation to fix any failures that resulted in the death.
The court also has the power to order the organisation to publicise the offence, which can significantly damage the busine
What is the Corporate Manslaughter and Corporate Homicide Act 2007?
Coming into force in 2008, the Corporate Manslaughter and Corporate Homicide Act created the offence of corporate manslaughter. This was to ensure that there was a way that companies or organisations could be held accountable for failings resulting in death.
Under the Act, individuals that were a ‘controlling mind’ are no longer burdened with the sole responsibility of the offence, instead it is usually down the way in which activities were organised or managed by the business.
What Is the Difference Between Corporate Manslaughter and Gross Negligence?
Whilst corporate manslaughter relates to the management or systems of an organisation or company, gross negligence refers to a specific individual who is at fault.
How Is Corporate Manslaughter Proven?
For corporate manslaughter to be proven, the organisation must have had a duty of care to the victim and that there was a gross breach of this duty by said organisation.
What Is the Difference Between Manslaughter and Corporate Manslaughter?
Manslaughter refers to the accidental or unintentional death of a person by an individual. This means that anyone can be charged with manslaughter. Corporate manslaughter, on the other hand, refers to when an organisation is liable for the death of a person, they had a duty of care towards. This death may be caused by severe management failures or the gross breach of their duty of care.
