Reader in Law – University of South Wales

Alexandra Dobson

The Corporate Manslaughter and Corporate Homicide Act 2007Where Are We Now?

The Offence

Section (1)

An organisation to which this section applies is guilty of an offence if the way in which its activities are managed or organised—

(a)causes a person's death, and

(b)amounts to a gross breach of a relevant duty of care owed by the organisation to the decease

The Offence

• Section(3)An organisation is guilty of an offence under this section only if the way in which its activities are managed or organised by its senior management is a substantial element in the breach referred to in subsection (1).

The Offence• Section 4• ‘a breach of a duty of care by an organisation is a “gross” breach if

the conduct alleged to amount to a breach of that duty falls far below what can reasonably be expected of the organisation in the circumstances;

• (c)“senior management”, in relation to an organisation, means the persons who play significant roles in—

• (i)the making of decisions about how the whole or a substantial part of its activities are to be managed or organised, or

• (ii)the actual managing or organising of the whole or a substantial part of those activities.

The ProsecutionsMNS Mining Ltd 2014 - on-goingMobile Sweepers (Reading) Ltd, March 2013 – Found Guilty - fined £183,000 director

disqualified – Publicity OrderPrinces Sporting Club Ltd, January 2013 – fined £135,000 - Guilty pleaLion Steel Limited convicted of corporate manslaughter, fined £480k

20th July 2012 – Guilty pleaPS & JE Ward Ltd, November 2013 (acquittal)JMW Farms convicted of corporate manslaughter, fined £187,500 plus £13,000 costs

May 2012 – Guilty pleaJ Murray and Sons 2012 – fined £100,000, Guilty Plea

Cotswold Geotechnical Holdings – First conviction – Found guilty £385,000

The Issues

Some unexpected outcomes……….

Increase in the use of Section 37 of the Health and Safety at Work Act 1974

Plea bargaining

Willingness of the courts to impose heavy fines for health and safety breaches where problems can be traced to Board Level