Corporate Manslaughter - What's New?

Introduction

Anyone who is a leader within an organisation, or has an interest in health and safety, will be following closely the trial due to take place in June involving Lion Steel Equipment Limited (charged with corporate manslaughter) and its three directors (charged individually with gross negligence manslaughter and health and safety failings).

This is only the second prosecution for corporate manslaughter since the inception of the new offence in April 2008. It is worth noting that both cases have also involved directors being prosecuted in their individual capacity.

This article aims to review the impact of any investigation on businesses, give an update regarding recent developments, and look at what a business should have in place if the worst happens.

What are the ramifications of a fatality for a business and its employees?

The consequences of a fatality involving an organisation are wide-ranging and can impact significantly on both its business and its employees in a number of ways:

The Police and Health and Safety Executive (HSE) will attend site and remain there for some time whilst they carry out their investigations and seek to understand how a business operates and whether any failings have contributed to the death. In our experience, investigations often take a couple of years to conclude Witness statements will be taken from employees. Company documents may be seized, and equipment retained for testing Individuals suspected of committing either gross negligence manslaughter or a breach of health and safety duties face the prospect of being arrested, having their fingerprints/photographs/DNA taken at the Police Station, and possibly charged and prosecuted in the criminal courts. If convicted, gross negligence manslaughter carries a maximum sentence of life imprisonment and health and safety offences attract up to two years custody. This may be thought unlikely to happen, but in numerous corporate manslaughter investigations the Police/HSE have been keen to interview directors and senior managers under caution as suspects to obtain evidence against the company of senior management failings as well as against the directors/senior managers for the individual offence of gross negligence manslaughter and any health and safety offences Representatives of the organisation may be invited to an interview under caution. Any subsequent prosecution will also be in the criminal courts, where, if convicted, the company could face a...