The Corporate Manslaughter and Corporate Homicide Act 2007 (“the Act”) came into force on 6 April 2008. The purpose of the Act was to introduce the possibility of criminal prosecutions of corporate entities that cause deaths as a result of practices amounting to breaches of a duty of care. The offence created by the Act is punishable by an unlimited fine.
In the first prosecution of its kind, Winchester Crown Court has found Cotswold Geotechnical (Holdings) Ltd (“Cotswold”) guilty of an offence under the Act and ordered the company to pay a fine of £385,000. The three-week trial followed the death of geologist Alexander Wright in September 2008, when the trench in which he was working collapsed. In the run up to trial, a director of Cotswold had also faced charges of gross negligence manslaughter and an offence under the Health and Safety at Work Act 1974, but ill health prevented him from standing trial.
Moreover, as Cotswold is a relatively small company, the conviction makes it clear that it is not only large companies that are vulnerable to prosecutions of this kind. During the case references were made to the importance of all companies having robust health and safety systems in place. While the conviction may not have tested the boundaries of the 2007 Act, it ought to serve as a reminder that the police and prosecutors will look closely at the conduct of senior management following a workplace fatality.
As this is a landmark case, it is impossible to determine whether the courts will require a higher standard of care from larger businesses. Nevertheless, it would be logical to assume that if larger businesses are prosecuted under the Act, they would be subject to increased fines. In addition, the courts may require convicted businesses to publish details of their conviction and associated fines and, for many businesses, the threat of adverse publicity will be a strong incentive for ensuring that the duty of care is met.
If you have any questions on the points raised in this article, please speak to your regular contact at Godloves. Alternatively, please contact Michael Cantwell on 0113 225 8801 or michael.cantwell@godloves.co.uk
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.
