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Corporate Manslaughter - are you ready?
December 10th 2007

After years of political wrangling, the Corporate Manslaughter and Corporate Homicide Act finally comes into force on the 6th April 2008. For any company, this means that health and safety should become a priority as failure to do so can have serious repercussions.

Previously it was extremely difficult to convict an organisation of manslaughter as prosecution was only possible if a senior individual could be held personally liable. In most cases, breaking through the ‘corporate veil’ to find someone responsible was virtually impossible. While the Act will not change the law as far as prosecuting an individual is concerned, it is anticipated that as police investigations increase, more and more individuals will be caught up in the process, which in turn will lead to greater inconvenience for the companies and result in more arrests and convictions.

In future the prosecution will simply have to show that the fatality was as a result of management failure rather than that of a particular individual. This means that a company’s corporate culture and general attitude towards safety will come under scrutiny. If convicted, a company can expect to face unlimited fines and be given a remedial order whereby the judge can specify exactly what measures must be taken to ensure that future fatalities do not occur.

The company’s reputation within the business community could also suffer as a publicity order can be issued requiring the company to publicise details of the conviction including the offence, amount of fine and terms of the remedial order.

In order to help companies understand the full implications of Act, Safesite is holding a Corporate Manslaughter Seminar on the 6th March at the London Gatwick Hilton. Key speaker will be leading barrister and renowned expert in the field of Corporate Manslaughter, Gerard Forlin. For further information or to register your interest in the seminar, please email

click here.

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