New guides to law on corporate killing

A new offence of corporate manslaughter in England, Wales and Northern Ireland, and corporate homicide in Scotland, will come into effect on 6 April 2008.

The government and the Health and Safety Executive (HSE) have both published guidance on the Corporate Manslaughter and Corporate Homicide Act 2007online. According to the HSE, the Act “clarifies the criminal liabilities of companies where serious failures in the management of health and safety result in a fatality”.

However, it is clear that corporate bodies rather than people will be prosecuted, with no change to the liability of directors, board members and other individuals under health and safety law or general criminal law.

The Act is available at www.justice.gov.uk/publications/ corporatemanslaughter2007.htm. The HSE’s guidance can be found at www.hse.gov.uk/corpmanslaughter/index.htm