The Corporate Manslaughter and Corporate Homicide Act 2007 is UK-wide legislation sponsored by the Ministry of Justice. It creates a new offence of corporate homicide in Scotland. The Act came into force on 6 April 2008.
An organisation will be guilty of the new offence if the way in which its activities are managed or organised causes a death and amounts to a gross breach of a relevant duty of care to the deceased. A substantial part of the breach must have been in the way activities were managed by senior management. "Senior management" is not defined and the structure of any organisation will need to be considered on a case by case basis to determine if the failure has occurred at a sufficiently senior level.
Criminal liability lies with the organisation, not the senior managers whose failings may have caused the commission of the offence. Although the Act does not create a new offence for individual directors who contribute to deaths, they can be charged with culpable homicide or with other offences under the Health & Safety at Work etc, Act 1974.
The new offence applies where the organisation concerned owed a duty of care in the law of negligence to the victim. This may include duties of care owed to employees, as an occupier of premises, in connection with supply of goods and services, construction and maintenance and commercial services, and the use of plant, vehicles etc, as set out in section 2 of the Act.
An organisation guilty of the offence will be liable to an unlimited fine. The Act also provides for courts to impose a publicity order, requiring the organisation to publicise details of its conviction and fine. This will be commenced by the UK Government at a later date.
The Scottish Government believes that the Corporate Manslaughter & Corporate Homicide Act 2007 sends a robust message to organisations that failures to meet their duty of care to employees and the public will not be tolerated.
Guidance and assistance
The Ministry of Justice has produced an introductory leaflet to the Act and a more detailed guide, both of which are available at;
http://www.justice.gov.uk/guidance/manslaughteractguidance.htm