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05 March 2010 / Jennette Newman
Issue: 7407 / Categories: Features , Health & safety
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Uncharted territory

The Sentencing Guidelines Council (SGC) recently published its definitive sentencing guideline for organisations convicted under the Corporate Manslaughter and Corporate Homicide Act 2007 and for health and safety offences which cause death.

The guidelines came into effect on 15 February 2010, and arrived just before the proposed trial of the first company to be charged under the Corporate Manslaughter Act, Cotswold Geotechnical Holdings, although the trial was subsequently delayed due to the ill health of its managing director.

The Corporate Manslaughter Act, which came into force in April 2008, was the New Labour government’s most radical piece of legislation in the field of health and safety law. The Act only passed through Parliament after several defeats in the House of Lords and a government climb-down on deaths in police custody.

It abolished the old principle that a company could only be liable for manslaughter if the “directing mind” was proven to be responsible for gross failings which resulted in death. The Act replaces the directing mind principle with a gross negligence test, in which a

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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