Corporate Manslaughter Corporate Homicide Act 2007

1. Corporate ManslaughterCorporate Homicide Act 2007 Lukas Rootman

2. Corporate ManslaughterCorporate Homicide Act 2007 • Why is change required? • Current law • Companies – Health and Safety at Work Act 1974 (HSWA) • Directors – Consent or connivance or neglect • Individuals – Common Law Manslaughter • Controlling Mind – Normally Director - difficult to convict

3. The New Act • Section 1 “An organisation to which this section applies is guilty of an offence if the way in which its activities are managed or organised – (a) causes a person’s death, and (b) amounts to a gross breach of a relevant duty of care owed by the organisation to the deceased.”

4. New Offence • Relevant Duty of Care • Gross Breach • Senior Management • Factors for Jury • Penalties • Does not exclude HSWA prosecution

5. Relevant Duty of Care • Any of the following under the law of negligence • Duty to employees or other workers e.g. contractors • Duty as occupier of premises • Duty in connection with supply of goods or services • The carrying on of construction or maintenance operations • The carrying on of any other activities on a commercial basis • The use or keeping by the organisation of any plant, vehicle or other thing • A duty owed to a person for whose safety the organisation is responsible

6. Gross Breach “a breach of a duty of care by an organisation is a “gross” breach if the conduct alleged amount to a breach of that duty falls far below what can reasonably be expected of the organisation in the circumstances” • Far below – untested • Jury to decide

7. Senior Management • Means the persons who play significant roles in - • Making decisions about how whole or substantial part of organisation’s activities are managed or organised, or • The actual managing or organising of the whole or substantial part of those activities. • No personal liability

8. Issues to be Decided by Judge/Jury • Failure to comply with health and safety legislation • How serious? • How much of a risk of death? • Health and safety culture • Consider the extent of attitudes, policies, systems or accepted practices • Health and safety guidance, code, manual or publication • Any other relevant matters

9. Penalties • HSWA & Regulations • £5,000 or £20,000 Magistrates • Crown Court unlimited • Some imprisonable offences under HSAWA • Disqualification orders • Corporate Manslaughter/Homicide Act 2007 • Fine • Publicity orders • Remediation orders

10. Disqualification of Directors • On conviction for “indictable offences in connection with the management of the company” • All health and safety offences • Magistrates: 5 year maximum • Crown Court: 15 year maximum

11. Protecting the Company’s position • Effective health and safety management system • Risk assessment, systems of work, policies and procedures • Communication, efficient and effective lines • Roles and responsibility defined and understood • Training, health and safety • Review of policies and procedures, monitoring and compliance • Integrate health and safety culture into the core business

12. Directors’ Duties • HSE Guidance: Directors’ responsibility for health and safety • Board recognition, collective role in leading on health and safety • Individual role • Board decisions to reflect health and safety policy statement • Active worker participation

13. Questions ?

14. Corporate ManslaughterCorporate Homicide Act 2007 Lukas Rootman