Corporate manslaughter cases 'unlikely for many years'

The Centre for Corporate Accountability (CCA) said the new legislation - which officially came into force on Sunday (6 April) - included "strict retrospective clauses" meaning that not only must a death take place after 6 April 2008, but that all the evidence supporting an allegation must also have taken place after that date.

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

He added that this would have a "particular impact" upon deaths involving large organisations, where evidence could go back a number of years - relating to poor decisions taken long ago concerning systems of maintenance, training, or communication of information.

"The new offence will only probably start applying to large organisations in relation to deaths that take place quite sometime after 2010," claimed Mr Bergman.

The CCA said the clauses stated that "anything done or omitted" relating to the allegation against the organisation must have taken place after 6 April 2008 in order for the offence to apply. "If any of the conduct or events alleged to constitute the offence occurred before", then the old common law offence would continue to apply.

Some uncertainty

Meanwhile, legal experts have warned that companies face a period of uncertainty while the Act "bedded in".

Julian Acratopulo of law firm Clifford Chance said: "The growing pains of this new piece of legislation will be particularly acute, given that a conviction could occur in circumstances most of us would regard as a terrible but unfortunate accident."

For example, it remained to be seen where the courts would draw the line between the senior and middle managers who could be held responsible for any failings, he said.

"Even though it has been more than a decade in the making, UK industry faces a further period of uncertainty as the application and interpretation of the Act in practice unfolds over time," the lawyer added.

"The UK's middle management will no doubt be kept awake at night wondering whether they are in fact senior management, whilst their senior management counterparts are wondering whether their companies face the prospect of EU-style turnover-based fines in the event that a tragedy unfolds."

For our recent feature covering the Corporate Manslaughter and Corporate Homicide Act 2007, click here.