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Corporate Homicide Act - Now in Force
Monday, April 07, 2008
The Corporate Manslaughter and Corporate Homicide Act 2007 came into force on 6th April 2008 and will apply to any fatalities that occur from that date. The Act creates a new UK wide offence. Businesses and organisations can now be prosecuted if a death occurs as the result of a gross breach of a relevant duty of care owed by the organisation to the deceased. Organisations that are convicted face unlimited fines, remedial orders and publicity orders.
Supporters of the legislation claim that the Act will make it easier for prosecutions to be successful as the actions of senior managers, either collectively or individually, will come under scrutiny. All organisations must ensure that they have the correct health and safety procedures in place.
Elena Fry, a partner in our health and safety team commented:
"Most businesses successfully manage the risks to life their activities cause. This new offence should firmly place Health & Safety at the top of the Boardroom agenda. Any business not implementing and complying with health and safety policies and procedures is not only risking lives but the future of the business."
Please contact Elena Fry for more information.
A guide to the Act can be obtained from the Ministry of Justice website.