Corporate Manslaughter and Corporate Homicide Act 2007 – is it relevant to your organisation?
On 6 April 2008, the Corporate Manslaughter and Corporate Homicide Act 2007 came into force creating a new criminal offence of corporate manslaughter for organisations causing death through gross negligence.
The offence applies in relation to deaths which take place on or after 6 April 2008. Previously, organisations could not be convicted unless a single individual, identifiable as the directing mind of the company, could be found guilty of gross negligence or manslaughter. The Act applies to ‘organisations’and this includes charities (or their trading subsidiaries) incorporated either as a company or by Royal Charter or statute. Unincorporated associations, trustees of unincorporated trusts (including Charities Commission schemes) and individuals cannot be prosecuted under the Act.
While unincorporated charities are not under the ambit of the new Act, the possibility of prosecution following a death arising through gross negligence still exists. For example, individuals can be charged with gross negligence manslaughter and furthermore all organisations (incorporated or not) have significant duties under existing health and safety legislation including the Health and Safety at Work Act 1974, breaches of which may amount to a criminal offence. Basic health and safety practice measures include identifying and documenting potential areas for risk and taking appropriate action, checking all health and safety policies are up to date and effectively communicated, and ensuring appropriate training is available.
James Price, of solicitors Farrer & Co, observed: ‘This legislation marks a significant change in the law in this area – no longer can the directing mind of an organisation avoid liability for a death by having distanced itself from important health and safety considerations and practice. However, incorporated organisations with good, and regularly reviewed, health and safety procedures should not be afraid by the change in the law.’
Rosie Chapman, executive director, Policy & Effectiveness at the Charity Commission, added: ‘It’s important for trustees to look at the way the charity’s activities are managed or organised. It’s about managing risks, not being averse to them. Look at the range of your charity’s activities to identify where risks are greatest and ensure you have steps in place to mitigate them. This shouldn’t require anything over and above meeting the requirements of health and safety legislation but, for some, it may be a long time since a proper analysis of the risks against these requirements was undertaken. Those in this position should act now’. See also www.hse.gov.uk and www.iod.com/hsguide
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