UK: Corporate manslaughter and corporate homicide bill issued

This Parliamentary term ended with the laying before Westminster of The Corporate Manslaughter and Corporate Homicide Bill on Thursday 23 July, now available for public scrutiny. The Bill, based heavily on an earlier draft of The Corporate Manslaughter Bill, responds to the commentary and consultation on the original English proposals and extends to Scotland where a Bill covering similar ground is currently before the Scottish Parliament. How this will work in practice is difficult to anticipate given that the common law and statutory background in each jurisdiction is so different. An added complication is that the Scottish draft legislation is still "live".

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Applies to : all corporate and some Crown bodies (including government departments). It does not apply to individuals (although they could still be personally guilty of manslaughter). Special provisions are made for the police, military and emergency services.

The offence: An offence would be committed when the way in which any of the organisation’s activities are managed or organised by its senior managers causes a person’s death, and this amounts to a gross breach of a duty of care owed to the deceased.

Senior managers, directors or anyone else with a significant role in making decisions about or actually managing the whole or substantial part of an organisation’s activities.

Relevant duties of care: a duty of care owed under the law of negligence as an employer, as an occupier of premises, as a supplier of goods and services, or in connection with any other commercial activity. Also specifically included are duties owed in connection with construction/maintenance work, and the use or keeping of plant, vehicles and other things.

Gross breach means conduct falling far below what can reasonably be expected of the organisation in the circumstances. This is assessed by reference to

• whether there was a breach of health and safety legislation

• how serious the failure was

• how much of a risk of death it posed

The jury may also consider evidence of corporate safety culture (attitudes, policies, systems or accepted practices), any relevant health and safety guidance, and any other factors which the jury considers relevant.

Excluded management failures:

• strategic public policy decisions

• core public functions performed by government

• types of activities with a statutory or prerogative basis, whether carried on by the private or public sector (e.g. prisons).

Penalty: an unlimited fine

Jurisdiction: England & Wales, Northern Ireland and Scotland.

To view the latest version of the Bill, please click here.

This article was written for Law-Now, CMS Cameron McKenna's free online information service. To register for Law-Now, please go to www.law-now.com/law-now/mondaq

The original publication date for this article was 17/08/2006.