The Corporate Manslaughter and Corporate Homicide Act 2007 holds corporate bodies accountable following serious management failings in the death of employees or members of the public.
An organisation can be guilty of an offence of corporate manslaughter if it can be proved that death has resulted from a gross breach of duty by senior management.
In addition, directors, managers and employees can still be prosecuted for the common law offence of gross negligence manslaughter where a serious failure and breach and duty has resulted in death.
A conviction for corporate manslaughter will result in a significant fine based upon a number of factors including the turnover of the organisation and can result in an order for the organisation to bring the conviction to the attention of the public, its customers and shareholders.
Our lawyers provide advice to and your business in the event of a fatal accident involving an employee or a member of the public arising out of your undertaking; this includes:
- Advice and assistance immediately following the incident and during the early days of the investigation
- Support during the ongoing police investigation and advice with responses to requests for information and documents
- Conflict(s) of interest between the company and individuals
- Advice and support for employees asked to provide statements and to assist with police enquiries
- Representation at interviews under caution with the police and the regulator
- Representation and preparation for trial following charge
- Advice and implementation of a PR strategy and any subsequent media management
In the event of charge, we will provide you with early advice on the chance of a successful defence. This means, either preparing for a trial, giving you the greatest chance of a successful outcome, or quickly disposing of the prosecution, securing the lowest possible fine and avoiding any lengthy damaging publicity.