What Is Corporate Manslaughter?

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The Corporate Manslaughter and Corporate Homicide Act 2007 is a landmark in law.  For the first time, companies and organisations can be found guilty of corporate manslaughter as a result of serious management failures resulting in a gross breach of a duty of care.

Prior to 6 April 2008, it was possible for a corporate entity, such as a company, to be prosecuted for a wide range of criminal offences, including the common law offence of gross negligence manslaughter.  However, in order for the company to be guilty of the offence, it was also necessary for a senior individual who could be said to embody the company (also known as a 'controlling mind') to be guilty of the offence.  This was known as the identification principle.

On the 6 April 2008, the Corporate Manslaughter and Corporate Homicide Act 2007 (CMCHA) came into force throughout the UK.  In England and Wales and Northern Ireland, the new offence is called corporate manslaughter, and in Scotland, it is called a corporate homicide. 

The provisions of the Act which relate to deaths which occur in custody was brought into force on 1 September 2011.  

Where any of the conduct or events alleged to constitute the offence occurred before 6 April 2008, the pre-existing common law will apply.  Therefore, the Act will only apply to deaths where the conduct or harm, leading to the death, occurs on or after 6 April.  Therefore if the breach of duty is alleged to have occurred before 6 April 2008, for example where a building has been defectively wired or a person has been exposed to asbestos many years ago, the common law applies.  

Individuals will not be able to bring a private prosecution for the new offence without the consent of the DPP.  This is unlike the position with allegations of gross negligence manslaughter against individuals where no such consent is required.

The offence was created to provide a means of accountability for very serious management failings across the organisation.  The original intention was to overcome the problems at common law of 'identification' and 'aggregation' (the prosecution could not aggregate the failings of a number of individuals) in relation to incorporated bodies. 

The offence is now considerably wider in scope than simply overcoming these two problems and it now includes liability for organisations which could never previously be prosecuted for manslaughter.  The new offence is intended to work in conjunction with other forms of accountability such as gross negligent manslaughter for individuals and other health and safety legislation.



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