UK: England and Wales: corporate criminal liability - options for reform published by Law Commission

The Law Commission for England and Wales has today published a paper setting out options for reform in respect of the criminal liabliity of companies. The paper does not make recommendations but provides, instead, ten potential reforms.  These reforms include (a) permitting conduct to be attributed to a company if a member of its senior management engaged in, consented to, or connived in the offence; (b) introducing an offence of failure to prevent fraud by an employee or agent; and (c) introducing a reporting requirement requiring large corporations to report on anti-fraud procedures. Some potential reforms have been ruled out, including adopting models of attribution based on corporate culture or the principle of respondeat superior. 

For further information, see: press release | full options paper (pdf) | summary of options paper (pdf). 

 

Ireland: Corporate Manslaughter Bill introduced in the Dáil Éireann

Among the Private Members' Bills introduced in the Dáil Éireann earlier this week was one that seeks to introduce a statutory offence of corporate manslaughter. A copy of the Bill, as introduced, is available here (pdf) and an explanatory memorandum is available here (pdf). The memorandum states that Bill is based on the draft Bill prepared over ten years ago by the Law Reform Commission and published in its Report on Corporate Killing (pdf).

Ireland: Corporate Manslaughter Bill 2013 to begin second stage

The Corporate Manslaughter Bill 2013, a private member's bill, was introduced in the Seanad Éireann on 2 May and completed the first stage: see here. Second stage debate has been scheduled to begin today: see here (pdf). A copy of the Bill is available here (pdf). An explanatory memorandum is available here (pdf).

New Zealand: health and safety task force publishes report and recommendations

The Independent Task Force on Workplace Health and Safety published its final report and recommendations today: see here (pdf). The report concludes that the health and safety system is not fit for purpose. Many recommendations are made including the creation of a due diligence obligation for those with governance roles in companies. In this regard, the task force states: "We believe strongly that directors’ duties in relation to workplace health and safety should be as strong as other fiduciary duties" (para. 223). The introduction of a new law on corporate manslaughter law is not proposed; the task force instead proposes that the existing manslaughter offence is extended to companies and the general rules on corporate liability are revised.

For further information see: main report (pdf) | executive report (pdf) | working papers | press release | consultation |.

UK: suspected corporate manslaughter cases referred to the CPS

The Attorney General was recently asked this question in Parliament: "... how many cases for potential prosecution of offences under the Corporate Manslaughter and Corporate Homicide Act 2007 have been referred to the Crown Prosecution Service by (a) police forces and (b) the Health and Safety Executive since the commencement of the Act?". Here is the answer that was provided shortly before Christmas (as recorded in Hansard):

The Crown Prosecution Service (CPS) has four Casework Divisions, one of which is the Special Crime and Counter Terrorism Division (SCCTD). Cases involving suspected corporate manslaughter are referred to the Special Crime unit within SCCTD, unless the suspect is an unincorporated partnership, as these cases will be referred to a Complex Casework Unit. The number of cases referred to SCCTD and recorded as being “corporate manslaughter” since the commencement of the Act is 141. The CPS does not hold this data broken down by referring agency. The Corporate Manslaughter and Corporate Homicide Act 2007 does not apply to pre-Act deaths, thus some cases may have been recorded as gross negligence manslaughter rather than corporate manslaughter. The CPS figures are based on a single categorisation of the case type and so, some cases that include a corporate manslaughter element will not necessarily be recorded as a case of that type."

UK: convictions for corporate manslaughter

The first conviction under the Corporate Manslaughter and Corporate Homicide Act 2007 was secured last year: see here. Earlier this month the Crown Prosecution Service announced that Lion Steel Ltd. had received the "second ever conviction for corporate manslaughter": see here. It would, however, be more accurate to state that this is the second conviction that the CPS has secured in England and Wales rather than the second conviction under the Act because, in May this year, a company was convicted in Northern Ireland: see R v JMW Farm Ltd. [2012] NICC 17, a summary of which is available here (pdf).

UK: corporate manslaughter - custody and detention

The Corporate Manslaughter and Corporate Homicide Act 2007 (Commencement No. 3) Order 2011 was made on July 25: see here or here (pdf). On the same day The Corporate Manslaughter and Corporate Homicide Act 2007 (Amendment) Order 2011 was made: see here or here (pdf). An explanatory memorandum relating to both Orders is available here (pdf).

The purpose of the first Order is to bring into force, on September 1, section 2(1)(d) of the Corporate Manslaughter and Corporate Homicide Act (2007), which contains the duty of care that certain organisations owe to persons who are held in detention or custody. The second Order amends section 2(2) of the 2007 Act to include two categories of persons not covered by the Act: persons detained in service custody premises which are the responsibility of the Ministry of Defence and persons detained for customs purposes in custody areas of UK Border Agency offices.

UK: first company convicted of new offence of corporate manslaughter

A company - Cotswold Geotechnical Holdings Ltd. - has become the first to be convicted of the new offence of corporate manslaughter under the Corporate Manslaughter and Corporate Homicide Act (2007). For further information about the case see here (a press release form the Crown Prosecution Service). Background information about the Act is available here.

UK: first corporate manslaughter trial adjourned (again)

Beachcroft solicitors report - see here - that the first trial for corporate manslaughter under the Corporate Manslaughter and Corporate Homicide Act (2007) has been adjourned (again). The trial is now scheduled to begin in January 2011.

UK: corporate manslaughter trial adjourned

The BBC News website reports that the first trial for corporate manslaughter under the Corporate Manslaughter and Corporate Homicide Act (2007), which began last week at Bristol Crown Court, has been adjourned for 18 weeks: see here.

UK: the Corporate Manslaughter and Corporate Homicide Act 2007 (Commencement No. 2) Order 2010

The Corporate Manslaughter and Corporate Homicide Act 2007 (Commencement No. 2) Order 2010 was made on February 9th and published yesterday on OPSI: see here (html) or here (pdf). The Order brings into force Section 10 (the power to order conviction etc to be publicised) of the Corporate Manslaughter and Corporate Homicide Act 2007 on February 15th.

UK: England and Wales: corporate manslaughter - Guideline published by Sentencing Guidelines Council

The Sentencing Guidelines Council has published its final definitive guideline Corporate manslaughter and health and safety offences causing death: see here (pdf). The guideline sets out principles to guide courts in England and Wales and applies to the sentencing of organisations on or after 15 February 2010 under the Corporate Manslaughter and Corporate Homicide Act (2007). It makes clear that fines for companies and organisations found guilty of corporate manslaughter should seldom be less than £ 500,000. It also provides that in fixing the level of the fine, account should be taken of the financial circumstances of the offending organisation and that the court should not be influenced by the impact on shareholders and directors. For discussion of the Guideline, see here.

Note: later this month the first trial for corporate manslaughter under the 2007 Act begins at Bristol Crown Court: see here.

UK: England and Wales: corporate manslaughter and health and safety offences causing death

The Chartered Secretary website has alerted me to the publication of a consultation guideline by the Sentencing Guidelines Council concerning the offence of corporate manslaughter. In the accompanying letter to consultees, the Council provides this overview of its proposed approach: 

... the Council is proposing that, in some respects, the guideline should take a different form from that adopted for most other offences. As usual, the proposed guideline sets out the key principles regarding the assessment of the seriousness of an offence. However, rather than setting out specific starting points, it proposes a level below which a fine would not normally be expected to fall [£500,000] supported by a general indication concerning the extent to which a fine should be above that level. In addition, guidance is given concerning the use of the powers to make a publicity order (which the Council considers should ordinarily be imposed in cases of corporate manslaughter) or a remedial order".

UK: corporate manslaughter trial begins next week

Earlier this year the Crown Prosecution Service announced that a company - Cotswold Geotechnical Holdings Ltd. (CGH) - had become the first to face the charge of corporate manslaughter under the Corporate Manslaughter and Homicide Act 2007. In an article titled "Corporate manslaughter: making work a much safer place", which appeared in yesterday's Times newspaper, Professor Gary Slapper noted that the trial of CGH will begin next week at Stroud Magistrates' Court. 

For further information about the 2007 Act see the guidance published by the Ministry of Justice available here.

UK: England and Wales: company charged with corporate manslaughter

A company - Cotswold Geotechnical Holdings Ltd. - has become the first to face the charge of corporate manslaughter introduced by the Corporate Manslaughter and Homicide Act 2007. Further information about the case is available in the press release published by the Crown Prosecution Service as well as this report from the Times newspaper and this report in the Financial Times newspaper. For further information about the 2007 Act see the guidance published by the Ministry of Justice available here.