Offence of corporate manslaughter is introduced

The Corporate Manslaughter and Corporate Homicide Act 2007 creates an offence of corporate manslaughter that allows organisations to be prosecuted for management failures that lead to the deaths of employees and others from 6 April 2008.

The new offence creates a more effective basis for corporate liability, with the key obstacle to successful prosecutions (the identification principle) removed. After 6 April 2008, corporate liability will be based on the way in which an organisation's activities are managed and organised, making it easier to prosecute companies and larger organisations. The Act also removes Crown immunity to prosecution. Convicted organisations will face unlimited fines and remedial and publicity orders may also be made.

• Corporate Manslaughter and Corporate Homicide Act 2007 and Explanatory notes Read the Act on the OPSI website.

Corporate Manslaughter and Corporate Homicide Act 2007: guidance The government has issued guidance on the Act, which can be viewed on the Ministry of Justice website.
Custodial compromise turns up heat on corporate killers Howard Fidderman of Health and Safety Bulletin looks at what the new offence will mean for employers.

Also

Legal Q&A: Corporate manslaughter Steffan Groch, a partner at DWF, answers questions on corporate manslaughter.

Workplace fatalities rise by 11% The number of staff killed in work-related accidents rose by 11% in the past year to 241, according to latest figures from the Health and Safety Executive.

Criminal liability: the basics XpertHR's employment law reference manual provides guidance on employers' criminal liability for health and safety breaches.