The following Corporate Crime guidance note Produced in partnership with David Travers QC and Nicholas Ostrowski, Barrister of 6 Pump Court Chambers provides comprehensive and up to date legal information covering:
Gross negligence manslaughter is a common law offence and occurs when the offender:
is in breach of a duty of care towards the victim
the breach causes the death of the victim, and
having regard to the risk involved, the offender’s conduct was so bad as to amount to a criminal act or omission
For information on the offence of manslaughter by gross negligence, see Practice Note: Involuntary manslaughter.
Gross negligence manslaughter can only be committed by an individual and should not be confused with manslaughter caused by a corporation which is a statutory offence created by the Corporate Manslaughter and Corporate Homicide Act 2007. For information on the offence of corporate manslaughter, see: Corporate manslaughter—overview and Practice Note: Corporate manslaughter—an introductory guide.
The sentencing of organisations for corporate manslaughter is addressed in the Crown Court offence-specific guidelines for corporate manslaughter. See Practice Note: Sentencing for corporate manslaughter.
The Sentencing Council has published an offence-specific guideline for the sentencing of gross negligence manslaughter offences in the Crown Court. The Sentencing Council had previously published these offence-specific guidelines within the Manslaughter Definitive Guideline (which also covered sentencing for unlawful act manslaughter, manslaughter by reason of loss of control and manslaughter by reason of diminished responsibility) but has now published them online (and not in PDF or paper format) separately as individual offence-specific guidelines for the Crown
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