CPS Authorise 1st Corporate Manslaughter Case

The Crown Prosecution Service (CPS) have launched what is believed to be the first prosecution under the Corporate Manslaughter and Corporate Homicide Act 2007.

The charge of corporate manslaughter has been brought against a company whose employee was killed when taking soil samples from within a pit. In a prosecution that is likely to send shock waves throughout the corporate world, a director of the company has been charged with gross neglience manslaughter.

If convicted of the offence (a common law offence), the director concerned could face a term of imprisonment with the maximum sentance available being life imprisonment.

The company has also been charged with failing to discharge duty under section 33 of the Health and Safety at Work Act 1974. Under the Corporate Manslaughter and Corporate Homicide Act 2007, a company can be held liable for causing a person's death if the companies activities are managed or organised and which amount to a gross breach of the relevant duty owed to the deceased. A substantial part of the breach must have been in the way activities were organised by senior management.

This case could very well have major repercussions on the way UK companies look at insurance so for further information on the range of Directors & Officers policy available or for information on how you and your business can get the protection you need, call us now on 0800 046 1446 or request a quote online.