header-logo header-logo

Uncharted territory

05 March 2010 / Jennette Newman
Issue: 7407 / Categories: Features , Health & safety
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
back-to-top-scroll