Corporate Manslaughter Act

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Everyone will be affected by these new Regulations.  We'll keep you updated with all the changes as the Corporate Manslaughter and Corporate Homicide Acts come into force in 2008.

Recent articles

  £120,000 FINE FOR DIRECTOR AFTER EMPLOYEE DEATH
The sole director of a company has been issued with a six month prison sentence suspended for two years following the death of one of his employees.

June 2011. Volume 34. Number 6
  FIRST CORPORATE MANSLAUGHTER CONVICTION
The Crown Prosecution Service (CPS) has successfully prosecuted Cotswold Geotechnical Holdings for corporate manslaughter.


April 2011. Volume 34. Number 4
  SENTENCING GUIDELINES CONSIDERED BY COURT OF APPEAL
The Court of Appeal has refused an application to reduce fines imposed in an HSE prosecution (HSE v Marble City Ltd). This is the first time a higher court has considered the effect of the new Sentencing Guidelines.
  COURT OF APPEAL INCREASES FINE
A Scottish company has had its fine increased by 700% at the Court of Appeal after the Crown appealed.


July 2010. Volume 33. Number 7
  CORPORATE MANSLAUGHTER FINES TO BE AT LEAST £500,000
The Sentencing Guidelines Council (SGC) has confirmed that fines for corporate manslaughter should not be linked to turnover (see Monitor January 2010).
  CORPORATE MANSLAUGHTER SENTENCING CONSULTATION
KEY ISSUES
POTENTIAL MITIGATING FACTORS
FINES NOT PEGGED TO TURNOVER
CORPORATE FINES NO LOWER Than £500,000
  JAIL SENTENCES FOLLOWING CRUSHING DEATH
Two men have been jailed at the Old Bailey following the death of 15-year-old labourer Adam Gosling after a wall crushed him.
  Two firms fined
Employers are being warned to take proper precautions to protect workers using dangerous chemicals after the Health and Safety Executive (HSE) prosecuted three firms - including one based in the USA - over an incident at a South Yorkshire print works.
  ‘BAD CHARACTER’ EVIDENCE IN PROSECUTIONS
Solicitors Shoosmiths warn that the Corporate Manslaughter and Corporate Homicide Act 2007, and the Health & Safety (Offences) Act 2008 may mean that the HSE will use criminal rules of evidence to allow the court to be told about a defendant's previous health and safety convictions.
  Confusing messages about Manslaughter Act

There are some potentially confusing messages being sent out about the Corporate Manslaughter and Homicide Act 2007 (CMA). Notably, some legal professionals and others persistently link the Act to the prosecution of individuals, referring to individual prosecutions for ‘gross negligence manslaughter’ ...
 
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