The Corporate Manslaughter Act (in Scotland the Corporate Homicide Act 2007) came into power in England, Wales and Northern Ireland in April this year. The Act has significant repercussions for businesses who fail to show a relevant ‘Duty of Care’ which results in the loss of life.
Under the Corporate Manslaughter or Corporate Homicide Act companies face unlimited fines and a range of other serious penalties if found guilty of corporate manslaughter.
The Act will make it simpler to investigate and prosecute organisations and ensure that there is proper accountability at senior level when a fatality does occur. As the use of drugs and alcohol are often linked to an increase in the occurrences of accidents then many organisations are recognising that now is the right time to seek specialist advice and implement a legally defensible Drug & Alcohol policy to reduce the likely incidence of such problems.
In the unfortunate event of an accident occurring then the implementation of an effective Drug & Alcohol policy will assist in refuting allegations that the organisation had failed to provide a reasonable “Duty of Care” or failed to act with “Due Diligence”.
The powers available to the Courts under this legislation are substantial and organisations will ignore them at their peril.
With our extensive knowledge of the legal system we can provide support for organisations who may be concerned about the effect that this Act could have.
Under the Corporate Manslaughter or Corporate Homicide Act companies face unlimited fines and a range of other serious penalties if found guilty of corporate manslaughter.
The Act will make it simpler to investigate and prosecute organisations and ensure that there is proper accountability at senior level when a fatality does occur. As the use of drugs and alcohol are often linked to an increase in the occurrences of accidents then many organisations are recognising that now is the right time to seek specialist advice and implement a legally defensible Drug & Alcohol policy to reduce the likely incidence of such problems.
In the unfortunate event of an accident occurring then the implementation of an effective Drug & Alcohol policy will assist in refuting allegations that the organisation had failed to provide a reasonable “Duty of Care” or failed to act with “Due Diligence”.
The powers available to the Courts under this legislation are substantial and organisations will ignore them at their peril.
With our extensive knowledge of the legal system we can provide support for organisations who may be concerned about the effect that this Act could have.