Envex Company Limited - Briefing alert: Guidance on the Corporate Manslaughter Act

The Ministry of Justice has published guidance to help companies and organisations prepare for the Corporate Manslaughter and Corporate Homicide Act 2007, which comes into force on 6 April 2008.

What the Act does

The 2007 Act changes the basis on which companies are liable for prosecution for manslaughter. Gross failures in the management of health and safety, causing death, will be liable to prosecution as corporate manslaughter from next April.

Organisations found guilty of the new offence will be liable to an unlimited fine, and a remedial order.

The Courts can also serve a publicity order on the company to ensure the public and other stakeholders understand the nature of the offence, its impact and what action has been taken.

A new leaflet, also issued by the Ministry of Justice, explains how the new offence of corporate manslaughter/homicide works and where it will apply. It is intended to provide fundamental information to employers, senior managers and others seeking an overview of the new legislation.

What the guidance does

The guidance provides more detailed information on the implementation of the Act including:
which organisations are covered
the sort of incident to which it applies
those that are exempt
the test that will be applied by the Courts.