ABSTRACT
The Corporate Manslaughter and Corporate Homicide Act came into force on 6 April 2008. The offences covered by the Act are called corporate manslaughter in England, Wales and Northern Ireland, and corporate homicide in Scotland. Before this Act was introduced, companies could be prosecuted for gross negligence manslaughter but only if a senior manager or director of the company, known as a 'directing mind', could also be prosecuted for the offence. This concept of the 'directing mind' and the need to prove its involvement made it difficult for corporate manslaughter prosecutions to succeed. Corporate manslaughter and homicide investigations of work-related deaths are conducted by the police, usually under the terms of the Work-Related Death Protocol for liaison between the police and other enforcing authorities. However, where there is a prosecution under the Act, there will also be a prosecution brought under health and safety legislation by the appropriate enforcing authority such as the Health and Safety Executive.
