The purpose of this Act is to create a new offence of corporate manslaughter (corporate homicide in Scotland). This follows a proposal in the Queen's speech at the opening of Parliament on 17th May 2005 (see notes at Bills before Parliament/2005 Queen's Speech ).

The Bill received Royal Assent as the Corporate Manslaughter and Corporate Homicide Act 2007 on 26th July 2007. There are official explanatory notes to the Corporate Manslaughter and Corporate Homicide Act 2007 on the OPSI website.

The main parts of the Act criminalising gross failures in the management of health and safety causing death came into force on 6th April 2008 (see the Corporate Manslaughter and Corporate Homicide Act 2007 (Commencement No.1) Order 2008, SI 2008/401). It is understood that the (controversial) parts dealing with death in custody are likely to come into effect in April 2011, namely s.2(1)(d) (duty owed to a person in custody etc. to be a relevant duty of care for the purposes of the Act) and s.10 (power to order conviction etc to be publicised).

Section 10 of the Act provides that a Court can may make a "publicity order" requiring an organisation convicted under the Act to publicise in a "specified manner"

(a) the fact that it has been convicted of the offence;
(b) specified particulars of the offence;
(c) the amount of any fine imposed (there is no limit on the amount of fine which can be imposed on indictment - s.1(6));
(d) the terms of any remedial order made.

As with other court orders, failure to comply with a publicity order would be a criminal offence punishable by an unlimited fine.

Cotswold Geotechnical Holdings has become the first company to be charged under the 2007 Corporate Manslaughter Act. The charge concerns the death of Alexander Wright, a junior geologist who was killed when a pit collapsed on him. Magistrates at Stroud remitted the case to Bristol Crown Court which adjourned it (see 2009/04/23 - CPS Press Release "CPS advises first corporate manslaughter charge under new Act" and New Civil Engineer website re Cotswold Geotechnical Holdings, 24th June 2009). It is understood that the trial is now set to begin on 23rd February 2010 at Bristol Crown Court and is likely to last around 5 or 6 weeks.

go to next updated reference in this note.

See also notes at Criminal law aspects/manslaughter (employer negligence) and/or at Health and Safety at work/criminal offences and/or at Company Directors/health & safety matters .