NEW CORPORATE MANSLAUGHTER RULES

Tough new legislation has been published covering Corporate Manslaughter and Corporate Homicide.

Gerry Sutcliffe the Home Office Minister said “This Government is committed to ensuring we have a criminal justice system that protects the public and puts victims first”.  He added “For too long the law has made it extremely difficult to bring to justice large companies whose management failure has resulted in death”.

Under the current law companies can only be convicted of corporate manslaughter if there is enough evidence to find a single senior person guilty.  However this does not reflect the reality of every day life in the modern corporate world as a result only seven small companies have been convicted to date.

The proposed new criminal offence takes into account the overall management of an activity within an organisation by the senior management.  Any failings from the junior management will not lead to a prosecution being taken out.

If the company is found guilty of corporate manslaughter the penalty will be an unlimited fine.  Figures that have been talked about indicate typically 50% of the company’s profits.

For more information on the proposed bill click here