Companies, like individuals, can be tried and convicted of manslaughter. Naturally, a company cannot serve a term in custody, so the penalties extend to fines and orders controlling the company’s activities.

However, the prosecuting authority may also seek to charge senior individuals within the company in parallel.

What is corporate manslaughter?

Under Section 1 of the Corporate Manslaughter and Corporate Homicide Act 2007, the offence of Corporate Manslaughter is as follows:

1. An organisation to which this section applies is guilty of an offence if the way in which its activities are managed or organised—
2. causes a person’s death, and
3. amounts to a gross breach of a relevant duty of care owed by the organisation to the deceased.

For the offence to be charged, the way the organisation is managed by its senior leadership must be a substantial element of the breach of the duty of care.

In simpler terms: An organisation can be charged with corporate manslaughter if, because of its processes, it severely broke a duty of care and caused a death.

What organisations can be charged with corporate manslaughter?

Four types of organisations can be charged with corporate manslaughter.

• A corporation
• Government bodies
• A police force – deaths in custody can qualify
• A partnership, or trades union as an employer. This includes Limited Liability partnerships like law firms.

What is a duty of care in this context?

A duty of care is the same under this offence as it is in negligence. Commonly breached duties include those to carry out construction and maintenance with adequate care and those by an employer to their employees.

The breach must be properly ‘gross’, which is a factor assessed from case to case.

I have been arrested or my company has been raided with a search, what do I do?

If you have been arrested and your company is suspected to have committed corporate manslaugher, you may be interviewed under caution in connection with the wider offence. You have a right to free legal representation at the police station and will be offered a ‘duty’ solicitor but you can ask for a different one. You may, at this point, ask for ABV Solicitors.

Even if you have been invited to a ‘voluntary’ interview in connection with this offence, we recommend you take legal advice to protect your position.

Should you choose us, we will allocate a specialist solicitor with experience defending corporations and their interests.

If your case is already under way, or you do not have confidence in your current legal representatives, it is not too late to instruct us. Call ABV Solicitors on 0344 587 9996 to speak to one of our expert lawyers or visit our website at www.abvsolicitors.co.uk.