New manslaughter offence won’t apply until 2010

Large companies are unlikely to be prosecuted for the new offence of Corporate Manslaughter for many years, despite meeting the new legal test, said The Center for Corporate Accountability.

This is because the new Corporate Manslaughter and Corporate Homicide Act 2007, which technically comes into effect after April 6 2008, contains strict retrospective clauses that mean not only must the death take place after April 6 2008, but all the evidence supporting the allegation must also have taken place after that date.

David Bergman, executive director of the CCA said: ‘People have failed to recognise the significance of these clauses, and how they will delay this offence applying to deaths, even those which they are result of very serious management failings.’

“If any of the conduct or events alleged to constitute the offence occurred before (April 6).

David Bergman, executive director of the CCA

He added: ‘This will have a particular impact upon deaths involving large organisations which often involve evidence that goes back a number of years - relating to decisions taken long ago, or long-standing but poor systems of maintenance, training, or communication of information. It is ironic that it is these very organisations that were virtually immune from prosecution under the old law, and that the new law is designed to encompass. The new offence will only probably start applying to large organisation in relation to deaths that take place quite sometime after 2010.’

“If any of the conduct or events alleged to constitute the offence occurred before (April 6)” the old common law offence will continue to apply concluded Bergman.