Corporate manslaughter cases in 2014

Background to the offence

The Corporate Manslaughter and Corporate Homicide Act 2007 (the "Act") has been in force since 6 April 2008.  It was introduced to make it easier for the authorities to prosecute organisations where a corporate management failing has caused a fatality.  It replaces the old law of corporate manslaughter but sits alongside existing Health and Safety at Work Act offences.  Safety related prosecutions are therefore typically brought under Health and Safety at Work Act as well as under the Act. 

It is an offence under the Act if the management or organisation of a company, partnership or other organisation is grossly negligent, the senior management are substantially to blame for that failure and the failure has caused someone's death.  "Gross negligence" means conduct which falls far below what can reasonably be expected of the organisation in the circumstances.  If convicted, the penalty is an unlimited fine, in addition to which the court