What Is The UK Corporate Manslaughter Act
Are You Familiar With The UK Corporate Manslaughter Act?
The Corporate Manslaughter Act, which came into force on 6 April 2008, clarifies the criminal liabilities of companies including large organisations where serious failures in the management of health and safety result in a fatality. Then in February 2016, the new sentencing guidelines for health and safety, corporate manslaughter and food safety and hygiene offences came into force.
On 31 July, the Sentencing Council published its long-awaited Definitive Guideline on manslaughter offences including gross negligence manslaughter, the most serious charge an individual can face following a fatal workplace incident. The Guideline will apply to offenders sentenced on or after 1 November 2018.
The new Guideline follows a similar step-by-step approach taken in the Guideline for Corporate Manslaughter and Health and Safety Offences published in February 2016. This has also had the effect of significantly increasing sentences, both fines payable by organisations and penalties for individuals of fines and imprisonment.
In this Vlog, I discuss with Sarah Valentine (Senior Associate with Eversheds Sutherland) the UK’s Corporate Manslaughter Act and legal obligations for Organisations. We also discuss the changes that are in the pipeline (Recorded Oct 2018) and potential implications.
You can find more information on the Evershed Sutherland website, especially with regard to “culpability levels”.
The Sentencing Guideline can be accessed here
Enjoy the Vlog and as always, appreciate any feedback.