Unlimited fines for offenders

WHEN the Corporate Manslaughter and Homicide Act came into force in 008 it was a landmark in law. For the first time, companies and organisations could be found guilty of corporate manslaughter for serious failings which led to a fatality.

An organisation is guilty of corporate manslaughter ‘if the way in which its activities are managed or organised … causes a person’s death and amounts to a gross breach of a relevant duty of care owed by the organisation to the deceased’. Any found guilty are liable to a fine, but individuals from the organisation cannot face imprisonment.

There is liability at corporation level only – meaning directors or other individuals in a senior role cannot be brought to the dock.

The offence can be brought against private companies and public sector organisations, including town halls.

Firms convicted of corporate manslaughter face unlimited fines.

Sentencing guidelines say: ‘The appropriate fine will seldom be less than £500,000 and may be measured in millions of pounds.’

Nineteen companies have been charged with corporate manslaughter since the law was introduced.

A total of 15 guilty verdicts have been reached as a result of the charges.