Corporate manslaughter

The Corporate Manslaughter and Corporate Homicide Act 2007 (CMCHA 2007) extends to the whole of the UK and created the offence of corporate manslaughter in England and Wales and corporate homicide in Scotland. This overview considers corporate manslaughter, rather than corporate homicide, as the two offences are treated slightly differently in some of the provisions of the CMCHA 2007.

On 6 April 2008, the common law offence of manslaughter by gross negligence was abolished in its application to organisations falling within the scope of the CMCHA 2007. However, any offence of manslaughter by gross negligence committed in whole or in part before that date by an organisation that would otherwise fall within the scope of the CMCHA 2007 is not affected by such abolition and may still be prosecuted under the common law offence of manslaughter. See Practice Notes: Involuntary manslaughter and Sentencing individuals convicted of gross negligence manslaughter.

It is possible for charges to be brought for both corporate manslaughter and health and safety offences which arising out of the same set of circumstances, if the interests of justice so require.

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