Homicide and manslaughter
Corporate manslaughter
Corporate Manslaughter and Corporate Homicide Act 2007, s.1
England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.
- Triable
- Indictable only
- Maximum penalty
- unlimited fine
Actus reus
- An organisation to which the Act applies is guilty if the way its activities are managed or organised causes a person’s death and amounts to a gross breach of a relevant duty of care owed to the deceased (CMCHA 2007, s.1(1)).
- The way activities are managed or organised by senior management must be a substantial element in the breach (s.1(3)). Individuals are not guilty of this offence.
Mens rea
- Gross breach: the conduct falls far below what can reasonably be expected of the organisation in the circumstances (s.1(4)(b)). There is no separate individual mens rea on this charge.
Defences
No relevant duty of care · Breach not gross · Senior management not a substantial element · Organisation not within s.1(2) · Death not caused by the way activities were managed or organised
Sentencing Council
Sentencing Council guideline effective 1 February 2016. Offence range: £180,000 fine – £20 million fine.
At the police station
Individuals may still face gross-negligence manslaughter or HSWA charges. Identify the organisation and any parallel personal allegations.
When to involve a rep or solicitor
Police station advice is free under legal aid and is not means-tested. For this allegation we would normally want a solicitor involved early.
Authoritative sources for this page
Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.
- Statute:Corporate Manslaughter and Corporate Homicide Act 2007, s.1 ↗
- Sentencing Council:Sentencing Council definitive guideline ↗
- CPS:CPS — Homicide ↗