Definitive guidelines published on corporate manslaughter offences

Background

The Corporate Manslaughter and Corporate Homicide Act came into force in April 2008. It created a new offence of corporate manslaughter, committed by organisations rather than by individuals. The Sentencing Guidelines Council has now published definitive guidelines on the sentences which an organisation convicted of corporate manslaughter (or a health and safety offence causing death) can receive.

Sentencing guidelines

The guidelines list the following type of sentence:

• Fine
• Remedial order
• Publicity order

Fine

The guidelines confirm that the appropriate fine for a conviction of corporate manslaughter “will seldom be less than £500,000 and may be measured in millions of pounds”. Where a health and safety offence has caused death “the appropriate fine will seldom be less than £100,000 and may be measured in hundreds of thousands of pounds or more”.  The guidelines expressly state that in a “bad case”, it may be appropriate for an organisation to be put out of business.  However, the guidelines do acknowledge that imposing high levels of fine on the public and not-for-profit sectors may have an adverse effect on the services provided by such sectors.

Remedial order

A remedial order will require an organisation to address specific failings which were involved in the offence. The court will not take into account the cost of complying with a remedial order when setting any fine which also forms part of the sentence.

Publicity order

The object of a publicity order is “deterrence and punishment”. Such an order may require details of the conviction, such as the amount of the fine and the terms of any remedial order, to be made public.

Comment

The guidelines confirm that there may be hugely detrimental implications (both financial and reputational) for organisations that are found guilty of corporate manslaughter.