Regulatory crime

News: Heavy Penalties for Corporate Manslaughter

  • (Press Article)
  • Date: 04/02/2008
  • Source: Poppleston Allen
  • Author/Solicitor: Graeme Cushion

The Corporate Manslaughter and Corporate Homicide Act comes into force on the 6th April this year. It does not really change the fundamental duties which are placed upon operators as these already exist under food safety, fire safety and workplace safety legislation. It simply makes it easier for corporate bodies to be prosecuted in the event of a fatality within their workplace. Historically it has been necessary to establish negligence by the "directing mind" of the company and this has been notoriously difficult to prove.

The new legislation brings with it swathing the penalties which could have a major impact upon businesses. Fines are set to be as much as 10% of turnover which is way in excess of any penalties which have ever been imposed in previous such cases. The Courts will also be able to make publicity orders requiring convicted companies to advertise their failings with the obvious intention of exacting further punishment beyond that already effected by the imposition of the financial penalty.

In an endeavour to fully prepare those involved in the licensed and hospitality sector we are running a seminar on the 6th March at The Globe Theatre in London to increase knowledge in respect of the pending legislative change and also provide practical advice and assistance in minimising the chances of prosecution should a fatality occur. If you are interested in attending this Seminar then please email Tracey Robottom at t.robottom@popall.co.uk .

In addition, the very popular Licensed Trade Guide is being further supplemented by the publication of its regulatory counterpart. The Regulatory Trade Guide will be a further pocket sized publication covering the primary areas of regulation which licensed premises are subject to. It will retail at £7.95 and will be available in time for the Seminar. Should you wish to reserve a copy/or copies again please contact Tracey Robottom .

For further information on this article, please contact Graeme Cushion .