January 19, 2010
Deficiency in Corporate Manslaughter Law Highlighted
As was pointed out by the recent Sentencing Guidelines Council (SGC) roundtable, a minimum fine of £500k is imposed under the Corporate Manslaughter and Corporate Homicide Act 2007 (CMCHA) currently. Legal firm Thompsons Solicitors stated that de-linking of the fine and the income of the firms is a major deficiency under this system as it fails to prevent the negligent acts of the companies.
Mick Antoniw of Thompsons Solicitors said that the system of imposing at least £500,000 as fine is problematic. It does not have much effect on the big companies, as this fine is quite less for these companies who continue to be indifferent towards the health and safety of their employees.
On the other hand, even a minimum fine will lead to the closure of small firms. These firms will ignore the fine and keep on carrying out their activities without taking care of the health and safety of their employees. Just some 5-10 years back, two firms had been fined when their employees died at
Another system has been proposed in the recommendations of the workshop stating that 5-25% of the income of the company should be levied as a fine. In addition, Remedial Orders should be used as a medium to ensure compliance with the Act.
The merit of the proposed system is that it can effectively stop violations and punish the violators, although loss of a life cannot be compensated using money. The exact guidelines will be published by the Council after considering the reactions.
Protecting the health and safety of employees or members of the public who may be affected by your activities is an essential part of risk management. The
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