Health and safety charges may be brought at the same time as a prosecution for the new offence, as well as in cases where it is not prosecuted.

An organisation found guilty of the office will be liable for an unlimited fine, estimated at between 2.5 and 10% of the company’s annual turnover. This means that the current record of £15m could soon be exceeded.

The Act also allows for the imposition of a publicity order, requiring the organisation to publicise details of its conviction and fine. Sentencing guidelines will be available in the autumn of this year.

Public and government functions that are already open to other forms of accountability are to be exempt from the Act, for example, those who apply the spending of public money or military operations. Equally, police forces, child protection agencies and the emergency services are exempt. The new office will, however, apply to the management of custody, although this will be applied at a later date.

Cause for concern?

Companies with secure and efficient Health & Safety Policies should not be overly anxious, however. The new Act will serve only to prosecute those companies that have been shown beyond any reasonable doubt to have recklessly risked the lives of others. An individual cannot be prosecuted under this act, and nobody can be imprisoned. Individuals will still however fall under the Gross Negligence Manslaughter Act.

For legal reasons, the new offence is called "corporate manslaughter" in England and Wales and Northern Ireland and "corporate homicide" in Scotland.

Page 2 of 2 :: First | Last :: Prev | 1 2 | Next