Corporate Manslaughter

A recent report in the RICS Business publication uncovers the fact that only seven companies have ever been committed of corporate manslaughter.

This low number realises the problem of charging a company. A company can only be charged if an individual within the company considered to be one of the 'controlling minds' is capable of being charged with manslaughter. The company's guilt or innocence is totally dependent on that individual.

The likelihood of being able to charge a small company is much more plausible than with the larger companies with the greater company structure.

In April this year the Corporate Manslaughter and Corporate Homicide Act 2007 will make it easier to charge and convict larger organisations where before they may have escaped.

The new Act considers that a company will be guilty of corporate manslaughter if activities arranged by senior management are negligent. Consideration will be given to how the company manages and tackles health and safety issues. In essence, The management failure must have caused the victims death.

The likely penalties will be an unlimited fine.