UK: corporate manslaughter trial adjourned

The BBC News website reports that the first trial for corporate manslaughter under the Corporate Manslaughter and Corporate Homicide Act (2007), which began last week at Bristol Crown Court, has been adjourned for 18 weeks: see here.

UK: England and Wales: corporate manslaughter and health and safety offences causing death

The Chartered Secretary website has alerted me to the publication of a consultation guideline by the Sentencing Guidelines Council concerning the offence of corporate manslaughter. In the accompanying letter to consultees, the Council provides this overview of its proposed approach: 

... the Council is proposing that, in some respects, the guideline should take a different form from that adopted for most other offences. As usual, the proposed guideline sets out the key principles regarding the assessment of the seriousness of an offence. However, rather than setting out specific starting points, it proposes a level below which a fine would not normally be expected to fall [£500,000] supported by a general indication concerning the extent to which a fine should be above that level. In addition, guidance is given concerning the use of the powers to make a publicity order (which the Council considers should ordinarily be imposed in cases of corporate manslaughter) or a remedial order".

UK: the Corporate Manslaughter and Corporate Homicide Act 2007 (Commencement No. 2) Order 2010

The Corporate Manslaughter and Corporate Homicide Act 2007 (Commencement No. 2) Order 2010 was made on February 9th and published yesterday on OPSI: see here (html) or here (pdf). The Order brings into force Section 10 (the power to order conviction etc to be publicised) of the Corporate Manslaughter and Corporate Homicide Act 2007 on February 15th.

UK: England and Wales: corporate manslaughter - Guideline published by Sentencing Guidelines Council

The Sentencing Guidelines Council has published its final definitive guideline Corporate manslaughter and health and safety offences causing death: see here (pdf). The guideline sets out principles to guide courts in England and Wales and applies to the sentencing of organisations on or after 15 February 2010 under the Corporate Manslaughter and Corporate Homicide Act (2007). It makes clear that fines for companies and organisations found guilty of corporate manslaughter should seldom be less than £ 500,000. It also provides that in fixing the level of the fine, account should be taken of the financial circumstances of the offending organisation and that the court should not be influenced by the impact on shareholders and directors. For discussion of the Guideline, see here.

Note: later this month the first trial for corporate manslaughter under the 2007 Act begins at Bristol Crown Court: see here.