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"A lot of the work that I do is historic-the maximum sentences change at different points of time. It's really complicated and people get it wrong all the time. That's when having a timeline is really useful."

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GLOSSARY

Corporate manslaughter definition

What does Corporate manslaughter mean?

An organisation is guilty of corporate manslaughter if the manner in which its functions are managed or organised causes a person's death and amounts to a gross breach of the relevant duty of care owed by the organisation to the deceased.

The Corporate Manslaughter and Corporate Homicide Act 2007 replaced manslaughter by gross negligence in cases involving: corporations, certain listed departments and bodies, police forces, partnerships, trades unions or employers' associations that are also employers. The Act specifies the organisations to which it applies and defines the relevant duty of care.

The offence cannot be committed by an individual; nor can an individual be guilty of aiding and abetting, etc, an offence of corporate manslaughter.

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Pre Inquest Review (PIR) hearings—checklist

Pre Inquest Review (PIR) hearings—checklist It has become commonplace to hold a pre inquest review hearing (PIR) or several if deemed necessary to ensure the case is managed efficiently and to resolve an evidential issues which may occur. Rule 6 of The Coroners (Inquests) Rules 2013 (CIR 2013) gives the coroner statutory authority to hold a PIR 'at any time during the course of an investigation'. If the coroner does not take the initiative to arrange one, those representing the interested persons (IPs) should call for a PIR to be listed. The Chief Coroner’s guidance states that PIRs should be held in complex investigations. The function of a PIR is comparable to a Case Management Conference in civil litigation or a Plea and Trial Preparation Hearing in the Crown Court. For information on preparing for an inquest, see Practice Note: How to prepare for an inquest. PIRs should be held in public and details of the PIR should be published in advance on the coroner/local authority website to...

Fees for intervention—checklist

Fees for intervention—checklist When do fees for intervention apply? When Health and Safety Executive (HSE) visits a business and identifies a material breach of the law, the business will have to pay a fee. The fee is currently set at £183 per hour. Fees for intervention (FFI) only applies to work carried out by HSE’s inspectors so, if a business is inspected for health and safety by another regulator such as local authority environmental health officers, it will not apply. FFI applies to all businesses and organisations inspected by HSE, except for: • self-employed people who don’t put people at risk by their work • those who are already paying fees to HSE for the work through other arrangements • those who deliberately work with certain biological agents Individuals working as employees and those who have committed offences under sections 36 or 37 Health and Safety at Work etc Act 1974 will not be charged FFI. A material breach is where a business has broken a health and safety law...

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Corporate manslaughter—an introductory guide

The specific offence of corporate manslaughter was created by the Corporate Manslaughter and Corporate Homicide Act 2007 (CMCHA 2007). The CMCHA 2007 extends to the whole of the UK and simultaneously introduced the offence of corporate homicide in Scotland. This Practice Note considers corporate manslaughter, rather than corporate homicide, as the two offences are treated slightly differently in some of the provisions of the CMCHA 2007. The Act came into force on 6 April 2008 and applies to deaths which occur from that date. Deaths which occurred before 6 April 2008 will need to be prosecuted under the common law offence of manslaughter. See Practice Note: Involuntary manslaughter.Corporate, not individual, liabilityThe CMCHA 2007 is concerned with corporate liability and does not apply to directors or other individuals who have a senior role in a company. No individual liability is created under the CMCHA 2007. Moreover, the CMCHA 2007, s 18 specifically states that an individual cannot be guilty of aiding, abetting, counselling or procuring the commission of the offence of...

Corporate manslaughter—prosecutions tracker

This Practice Note provides a summary of key corporate manslaughter prosecutions and convictions under section 1 of the Corporate Manslaughter and Corporate Homicide Act 2007 (CMCHA 2007) and provides brief case outlines. This tracker is intended to assist practitioners in monitoring the sentences which are being imposed by the courts for this offence and the application, in England and Wales, of the applicable sentencing guidelines for corporate manslaughter.For an explanation of the steps which Crown Courts must take in sentencing corporate manslaughter offences in England and Wales, see Practice Note: Sentencing for corporate manslaughter.For guidance on the offence of corporate manslaughter, see Practice Notes: Corporate manslaughter—an introductory guide, Corporate manslaughter—the offence and Corporate manslaughter—enforcement and prosecution.Corporate manslaughter—convictionsDefendantPlea entered/verdict reachedSentence imposedBrief case detailsStonehurst Estates LtdStonehurst Estates Ltd—convicted of corporate manslaughter contrary to CMCHA 2007, s 1On 17 January 2024, Stonehurst Estates Ltd was fined £450,000 for corporate manslaughter and was ordered to pay costs of £167,601.A company director and the site foreman were convicted of breaches of the Health and Safety...

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Is there a prescribed form for statements of truth for an expert's report in a coroner's inquest?

Is there a prescribed form for statements of truth for an expert's report in a coroner's inquest? The calling of witnesses, including expert witnesses, in an inquest is within the coroner’s discretion. The power to require evidence to be given in writing or in person is contained in Schedule 5 to the Coroners and Justice Act 2009. For further information see Practice Note: Powers of the coroner. The duty on the coroner is to call sufficient witnesses to make sure that a proper enquiry is undertaken in order to determine cause of death. A coroner's discretion whether to call expert evidence is wide (see Mack (r on the application of) v HM Coroner for Birmingham and Solihull (2011) and the Chief Coroner's Law Sheet No 5). While independent expert evidence is not always required, it can be necessary in order to conduct such an enquiry. If expert evidence is thought necessary then a report will need to be prepared, and the coroner will often organise their own expert evidence,...

Do you have any Practice Notes or Precedents which deal with the sale of perishable goods, such as food?

Do you have any Practice Notes or Precedents which deal with the sale of perishable goods, such as food? Advertising In relation to the sale of perishable goods to the end consumer, see Practice Notes: • Food advertising: this Practice Note considers the law and practice of food advertising to consumers including health and nutrition claims and special issues in relation to advertising food to children including high fat, salt and sugar (HFSS) products. It covers relevant provisions from the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR 2008), SI 2008/1277, the UK Code of Non-broadcast Advertising and Direct and Promotional Marketing (UK CAP) and UK Code of Broadcast Advertising (BCAP), and various European Regulations • Advertising to children: this Practice Note summarises the key issues that arise when you are advertising to children. It covers the regulatory regime, different advertising channels and direct marketing methods, as well as particular sector considerations, such as food and drink. It also deals with in-app purchases and online behavioural advertising....

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Corporate Crime weekly highlights—12 June 2025

This week's edition of Corporate Crime weekly highlights includes analysis of the DOJ’s new guidelines for FCPA investigations and enforcement actions, of the recent Supreme Court ruling on how much consideration should be given to early release provisions in extradition cases, of the resilience of public sector digital infrastructure and the broader implications of cybercrime following the Legal Aid Agency data breach, and of lessons to be learnt following the recent conviction of an art dealer for failing to comply with reporting obligations under the Terrorism Act 2000. Also included is news of the new Investigatory Powers Act codes of practice coming into force, of the ban on bonus payments to senior executives at six water companies, and of the first crypto specialist appointed by the Insolvency Service to assist with digital asset recovery in criminal cases. All this, and more, in this week’s Corporate Crime highlights.

Corporate Crime weekly highlights—5 June 2025

This week's edition of Corporate Crime weekly highlights includes analysis of the proposed prison and sentencing reforms brought about by the Independent Sentencing Review, of the outcomes from the cross-government review of sanctions implementation and enforcement, and of the historical fine imposed on Thames Water. Also included is news of the single-use vape ban coming into force, of the SFO’s investigation into Rockfire Investment Finance Plc over council fraud allegations, and of the FCA’s new Enforcement Guide aiming to enhance transparency in investigations. All this, and more, in this week’s Corporate Crime highlights.

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