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Corporate manslaughter

Homicide and manslaughter — practical elements, sentencing links and station notes for accredited reps in England & Wales.

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.

View definitive guideline ↗

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.

More in Homicide and manslaughter

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Sources & further reading

Links are to official publishers (legislation, gov.uk, CPS, LAA, Sentencing Council). Case law on this site is limited to entries in our verified case-law registry. Always confirm the current version before relying on it in live advice.