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The Corporate Manslaughter Act 2007

The Corporate Manslaughter Act 2007. Michael Atkins Legal Adviser’s Office, HSE. Introduction. What is the Act? What changes does it make? When does it come into force? How does it affect us?. The Act. The Corporate Manslaughter and Corporate Homicide Act 2007 Royal Assent 6 July 2007

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The Corporate Manslaughter Act 2007

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  1. The Corporate Manslaughter Act 2007 Michael Atkins Legal Adviser’s Office, HSE

  2. Introduction • What is the Act? • What changes does it make? • When does it come into force? • How does it affect us?

  3. The Act • The Corporate Manslaughter and Corporate Homicide Act 2007 • Royal Assent 6 July 2007 • New offence of corporate manslaughter • Comes into force: (a) 6 April 2008 (in re corporate bodies) (b) Autumn 2008 (publicity orders) (c) Within next 3-5 years (deaths in custody)

  4. The Offence • An organisation will be guilty of corporate manslaughter if: (a) the way in which its activities are managed or organised (b) causes a death (c) and amounts to a gross breach of a relevant duty of care to the deceased

  5. “Managed or organised” • Juries will look at whole organisational system – the systems and processes for safety and how these are operated in practice. • A substantial part of the failure must be at a senior level (people who make significant decisions about the organisation or a part of it): (a) centralised headquarters role. (b) operational management role. • Cannot be avoided by delegation of responsibility from senior managers (new guidance IOD/HSE)

  6. “Duty of care” • The Act does not create new duties • Duty of care exists in the TORT of negligence (for example, condition of work site, PPE, product safety…) • Statutory duties under HSWA? • Must be relevant to the offence

  7. “Gross breach” • The organisation’s conduct has fallen far below that which could have reasonably been expected. • This will include analysis of extent and seriousness of health and safety breaches • Parallel between “gross negligence” in GNMS cases: criminal in character?

  8. Penalties • Unlimited fine (Guidelines expected - Health and safety sentencing principles apply?) • Publicity Order (expected Autumn 2008) • Remedial Order (requiring steps to address failing to be taken)

  9. Who is bound by the Act? • All corporate bodies in private public, and third sectors. • Public Bodies incorporated by statute: NDPBs and Local Authorities • LLPs • Partnerships/Trade unions/Employer’s associations (if they are an employer) • Crown bodies and police forces

  10. Who isn’t? • Directors, senior managers, other officials, even for “assisting/encouraging” (but still liable for S37, GNMS, etc) • Parent companies. • Specific comprehensive exemptions: (a) Public policy decisions (b) Military combat operations (c) Certain police operations (anti-terrorism) • Specific partial exemptions

  11. Who’s involved? • Police will lead an investigation, working in partnership with other enforcement authorities. • CPS will prosecute corporate manslaughter cases. • WRDP and Code of Practice for Victims of Crime • H&S charges etc, if brought, at the same time.

  12. What’s new? • Dropped ‘identification principle’ – no need for a named ‘directing mind’. • More stigma for a conviction (including publicity orders) • Intervention by the court (remedial orders) • No new duties created: but incentive to look at your systems again.

  13. What next? • Sentencing guidelines due • Revised WRDP? • Case law still to be developed • Keep an eye out for provisions being brought in (such as publicity orders) • Might not be a bad time for an audit….

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