Corporate Manslaughter and Corporate Homicide Act

Corporate Manslaughter and Corporate Homicide Act is due to come into force on 6th April 2008, the objective being to make it easier for prosecuting authorities to secure convictions against organisations whose negligence results in death. Successful prosecutions have previously been few and far between, largely due to difficulties identifying a company’s “controlling mind” – that is, an individual with sufficient seniority in an organisation so that his guilt could equate to the guilt of the company. The new legislation shifts the emphasis from the culpable individual to the collective responsibility of senior management for gross breaches of a relevant duty of care to an individual resulting in that individual’s death. A Court will ultimately consider whether the organisation complied with the health and safety legislation relevant to the alleged breach and assess the severity of the failure and the risk of death which the failure posed. Consideration will also be given as to whether there were attitudes, policies, systems or accepted practises within the organisation which may have encouraged such a failure or which suggested tolerance of it.

Organisations will obviously be very mindful of the damaging consequences of being associated with a prosecution for corporate manslaughter, not simply in terms of the criminal sanction and unlimited fines but also the adverse publicity which it will attract. The prospect of a health and safety prosecution is daunting enough, so organisations should obviously take all necessary steps to avoid the notoriety which will inevitably result from a corporate manslaughter prosecution, whether a conviction follows or not. As a minimum, corporate bodies must ensure strict compliance with all applicable health and safety legislation and ensure that a culture of health and safety awareness is engendered amongst its management and workforce.

For further information on issues raised in this article please contact Kathy McGillie, Partner, Dispute Resolution on Belfast 028 9055 3300 or email, kathy.mcgillie@tughans.com

The content of this article is provided for information purposes only and does not constitute legal or other advice.