The Corporate Manslaughter and Corporate Homicide Act 2007 creates a new offence for prosecuting companies and other organisations where there has been a gross failing, throughout the organisation, in the management of health and safety with fatal consequences. The Act came into force on the 6^th April 2008. An organisation will be guilty of the offence if the way in which its activities are managed or organised causes death and amounts to a gross breach of a duty of care to the deceased. A substantial part of the failure must have been at senior level. An organisation guilty of an offence will be liable to an unlimited fine and may also face a publicity order and/or remedial order. Sentencing guidelines are due to be released in Autumn 2008. The Act does not affect current health and safety legislation or individual criminal responsibility.

Written by K Richards.