Corporate Manslaughter is a relatively new offence created by Section 1 of the Corporate Manslaughter and Corporate Homicide Act 2007. Now organisations can be prosecuted for serious management failures resulting in a gross breach of duty of care leading to a fatality.

Prosecutions of corporate manslaughter are of organisations not individuals. However, individual directors and managers may be subject to prosecution for health and safety breaches where they owed and breached a duty of care, and that breach was the cause of death. This includes the offence of gross negligence manslaughter.

The liability for corporate manslaughter takes into consideration the overall management of health and safety in a company, the training and supervision of staff, and the implementation of safe systems of working.

Penalties include unlimited fines, remedial orders and publicity orders. A remedial order will require an organisation to take steps to remedy any management failure that led to a death.

Proceedings commence with a police investigation and any trial would be a jury trial in the Crown Court, in line with criminal legislation.

Nicholls & Nicholls are able to offer sensitive advice and assistance following the death of an individual in a corporate setting, with significant experience in regulatory and criminal law, and the overlap between them. Our lawyers can offer representation at police station interviews and during court proceedings, and provide expert advice and support throughout an investigation into corporate manslaughter. 

We also offer in-house training on health and safety standards in the workplace and can advise businesses on how to implement best practice processes and procedures in order to ensure compliance with the law. Please see our Training Page for further information.