Guidance to help prepare for corporate manslaughter

This week the Ministry of Justice confirmed that the Corporate Manslaughter and Corporate Homicide Act would come into force on 6 April 2008. The Act will change the basis on which companies are liable for prosecution for manslaughter.

Gross failures in the management of health and safety which cause death will be liable to prosecution as corporate manslaughter from next April.

Justice Minister Maria Eagle said: "It is extremely important that companies and other organisations take health and safety seriously. Failure to do so can have devastating consequences - not only for the families of those affected but also for the businesses involved.

"This law will ensure that there is proper accountability - when very serious management failings lead to people being killed."

Speaking at the CBI's 'Corporate Manslaughter' conference in London, she added: "This is not about over-regulation. Businesses should see this as an opportunity to make sure they have proper arrangements in place for managing health and safety.

"It is crucial for the people they employ and their customers that they are responsible and successful corporate citizens."

'More effective'

The Government stressed that the new offence was about corporate liability, not increasing liability for individual directors or managers, who could "already be held to account through health and safety laws and the common law of manslaughter."

The Ministry of Justice said the new offence would rectify a "key defect" in the present law which meant that organisations could only be convicted of manslaughter if a single individual at the very top of the company was personally guilty.

"This fails to reflect the reality of decision making in large organisations and therefore fails to provide proper accountability and justice for victims," said a Government spokesperson.

"The Bill will make it easier to prosecute companies and other large organisations when gross failures in the management of health and safety lead to death by delivering a new, more effective basis for corporate liability."

The new guidance is available on the Ministry of Justice website - see link above/right.

The Health and Safety Executive (HSE) has also added a new section to its website ahead of the legislation coming into force. It features a 'frequently asked questions' (FAQs) page along with access to a number of related downloads. Again a link is provided above/right.