Corporate Manslaughter and Corporate Homicide Act 2007

The Corporate Manslaughter and Corporate Homicide Act 2007 received Royal Assent on 26 July 2007. The Act applies to companies incorporated under companies legislation, other corporations including public bodies incorporated by statute such as local authorities or NHS bodies; organisations incorporated by Royal Charter; limited liability partnerships and all other partnerships that are employers; Crown bodies such as Government Departments; and police forces. An organisation is guilty of the new offence if the way in which its activities are managed or organised causes a death and this amounts to a gross breach of a relevant duty of care to the deceased. A substantial part of the breach must have been in the way activities were managed by senior management. The majority of the Act was implemented on 6 April 2008, with the exception of section 2(1)(d) which makes the duty of care a custody provider owes to a person who is detained a relevant duty of care, and section 10 on publicity orders where we await guidelines to be issued by the Sentencing Guidelines Council later this year. Procedures for caring for some of society's most vulnerable or volatile people are highly complex. That is why it was made clear to Parliament when it passed this legislation that a period of three to five years would be needed for custody providers to prepare for implementation of Section 2(1)(d). We are publishing a report today which discusses the progress made to date by the various custody providers and what remains to be done. While implementing the Act provides a useful catalyst and driver, reducing deaths in custody is a core part of long-term work by the Government together with custody providers, and this long-term agenda is reflected in the report. The report includes developments in Northern Ireland for which my right hon. Friend the Secretary of State for Northern Ireland has responsibility under the Act. Copies of the report will be placed in the Libraries of both Houses. The report is also available in the Vote Office and the Printed Paper Office and on the internet at: www.justice.gov.uk/publications/corporate-manslaughter -progress-custody.htm