Corporate Manslaughter – A More Moderate Proposal For Sentencing?

Notwithstanding the broader implications of a conviction for a work-related death under either the corporate manslaughter or health and safety legislation or both, companies may be able to breathe a little easier that they will not be faced with swingeing fines following on from the Sentencing Guidelines Council's ("SGC") rejection of the Sentencing Advisory Panel's ("SAP") recommendation that fines should generally be based on a percentage - potentially as high as 10% - of a company's average annual turnover.

In its paper published in May 2007, the SAP noted that the largest fine to date had been that of £15million in the Scottish case of Transco for breaches of regulations which led to a gas explosion causing the death of four family members. Yet this fine represented less than 1% of the company's annual turnover.