Corporate manslaughter prosecutions and penalties
Who is responsible for investigating corporate manslaughter offences and the penalties that may follow prosecution such as unlimited fine or remedial order.
If your business doesn't meet its obligations, either the business or individual managers and workers can be prosecuted. This could lead to heavy fines, imprisonment and the disqualification of directors. Where a gross failure to fulfil health and safety obligations leads to someone's death, the business itself could face a charge of corporate manslaughter.
Individual managers and workers could face a charge of gross negligence manslaughter.
You must report most serious incidents in the workplace. All work-related deaths should be reported to the police and to the relevant regulator, eg the Health and Safety Executive for Northern Ireland or local council.
Corporate manslaughter investigations
The police will first investigate to see whether a serious criminal offence such as murder or manslaughter has been committed. They will work with the relevant regulators as appropriate. If the police find no evidence of such a serious criminal offence, the investigation is passed over to the relevant regulator.
Cases of corporate manslaughter are likely to be rare because the new offence is intended to cover only the worst cases of failure across a business to manage health and safety properly.
Corporate manslaughter prosecutions
In Northern Ireland, the consent of the relevant Director of Public Prosecutions is needed before a case of corporate manslaughter can be taken to court.
Whether or not a prosecution for corporate manslaughter is brought, other health and safety charges may be taken at the same time. Individual directors, managers or owners may also be prosecuted separately for manslaughter or health and safety offences where there is sufficient evidence.
Corporate manslaughter penalties
Businesses found guilty of corporate manslaughter are liable to an unlimited fine. Courts may also require a business to take steps to address the failures behind the death (a remedial order).