Corporate Manslaughter and Corporate Homicide Act 2007 received Royal Assent on 26th July 2007
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NOTES

  • The Corporate Manslaughter and Corporate Homicide Bill received Royal Assent as the Corporate Manslaughter and Corporate Homicide Act 2007 on 26th July 2007.
  • The Corporate Manslaughter and Corporate Homicide Act 2007 (Commencement No.1) Order 2008 SI 2008/401 brings most of the Act into force from 6th April 2008 (it is understood that the parts dealing with death in custody are likely to come into effect in April 2011).
  • The Corporate Manslaughter and Corporate Homicide Act 2007 (Amendment of Schedule 1) Order 2008, SI 2008/396 is in force from 6th April 2008 (it makes technical amendments to update the names of government departments which can be guilty of an offence under the Act)
  • The Corporate Manslaughter and Corporate Homicide Act 2007 (Commencement No. 2) Order 2010, SI 2010/276 brings s.10 (power to order conviction etc to be publicised) into force on 15th February 2010.

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    BASIC POSITION

    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"

    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.

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    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 .


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    updated Feb2010