Corporate Manslaughter and Corporate Homicide Act 2007

Summary

Creates the offence of corporate manslaughter (corporate homicide in Scotland). An organisation is guilty if the way in which its activities are managed or organised causes a death and amounts to a gross breach of a relevant duty of care owed to the deceased. A substantial element of the breach must be in the way senior management managed or organised activities.

Key Points

• Offence of corporate manslaughter — organisation's activities managed in a grossly negligent way causing death (s.1)
• Senior management element — a substantial element of the breach must be attributable to the way senior management managed or organised activities (s.1(3))
• Relevant duty of care — includes employer duties, occupier duties, duties in connection with supplying goods/services, and construction/maintenance activities (s.2)
• Unlimited fine — no imprisonment (organisation-level offence only) (s.1(6))
• Remedial orders — court may order steps to remedy the breach (s.9)
• Publicity orders — court may require the organisation to publicise its conviction (s.10)
• Replaces common law offence of corporate manslaughter based on identification principle
• Organisation guilty if the way its activities are managed causes death and amounts to a gross breach of duty of care (s.1)
• A substantial element of the breach must be attributable to senior management (s.1(3))
• Applies to corporations, government departments, police forces, partnerships (s.1(2))
• Unlimited fines (s.1(6))
• Court may impose publicity orders requiring the organisation to publicise its conviction (s.10)
• Court may impose remedial orders requiring the organisation to remedy the breach (s.9)

Parts & Sections

Amendments History

Frequently asked questions

What makes an organisation guilty of corporate manslaughter?

Under the Corporate Manslaughter and Corporate Homicide Act 2007, an organisation is guilty if the way its activities are managed or organised causes a death. This must amount to a gross breach of a relevant duty of care owed to the deceased. A substantial element of this breach must be attributable to how senior management managed or organised those activities.

Which types of organisations can be charged with corporate manslaughter?

The Act applies to corporations, government departments, police forces, and partnerships. It creates a specific offence for these entities, replacing the previous common law offence which relied on the identification principle. The offence is defined at the organisation level rather than targeting individual employees directly.

What penalties can a court impose for corporate manslaughter?

The Act imposes an unlimited fine as the penalty for corporate manslaughter. There is no provision for imprisonment because it is an organisation-level offence. Additionally, the court may issue remedial orders requiring the organisation to take steps to remedy the breach and publicity orders requiring it to publicise its conviction.

What types of duties of care are covered by the Act?

A relevant duty of care includes duties owed by employers, occupiers, and those supplying goods or services. It also covers duties in connection with construction and maintenance activities. The breach of this duty must be gross and must cause the death of a person for the offence to be established.

Why is senior management important in a corporate manslaughter case?

The Act requires that a substantial element of the gross breach of duty of care must be attributable to the way senior management managed or organised the organisation's activities. This ensures that the failure is linked to high-level decision-making and organisational culture rather than just isolated operational errors.