Corporate Manslaughter Defence Solicitors

Accidents in the workplace that result in a fatality can, in certain circumstances result in a criminal prosecution under the Corporate Manslaughter and Corporate Homicide Act 2007. A prosecution under this Act is made against an organisation, such as a Limited Company and can result in financial penalties ranging from £180,000 up to £20 million. The Court also has power to make ancillary orders including Remedial Orders and Publicity Orders.

An investigation of Corporate Manslaughter will assess the involvement of Company Directors, Senior Managers, the Health and Safety Policies and work-based practices to assess whether failings by the company contributed towards the death.

This offence only relates to corporate liability and does not apply to Company Directors or Senior Managers working within the company or organisation. The focus of this prosecution is on the corporate body itself, rather than individuals. However, if during the investigation, an individual is found to have been grossly negligent, they could also face prosecution for separate health and safety offences, or Gross Negligence Manslaughter.

The Police will head the investigation in collaboration with the Health and Safety Executive (HSE) to establish whether a case for Corporate Manslaughter is present. In certain circumstances, the police can arrest suspects as part of their investigation or may call key individuals to attend a Voluntary Police Interview under Caution. The Health and Safety Executive has the powers of entry and will also have specialist industry knowledge at their disposal.

The Offence of Corporate Manslaughter

The offence is contained within Section 1 of the Manslaughter and Corporate Homicide Act 2007, which states as follows:

S.1(1) An organisation to which this section applies is guilty of an offence if the way in which its activities are managed or organised—

1. causes a person’s death, and
2. amounts to a gross breach of a relevant duty of care owed by the organisation to the deceased.

S.1(3) An organisation is guilty of an offence under this section only if the way in which its activities are managed or organised by its senior management is a substantial element in the breach referred to in subsection (1).

Therefore, for an organisation to be found guilty of this offence, if the way in which the organisations activities are managed caused a person’s death and there was a gross breach of a duty of care.

Elements of the Offence

For the prosecution to secure a conviction, it will need to prove the following:

1. the defendant is a qualifying organisation;
2. the organisation owed a relevant duty of care to the deceased;
3. there was a gross breach of that duty by the organisation;
4. the way in which its activities were managed or organised by its senior management was a substantial element in the breach; and
5. the gross breach of the organisation’s duty caused or contributed towards the death