MPS Advises Members On The Corporate Manslaughter Act 2007, UK

Main Category: Public Health
Article Date: 08 Feb 2008 - 3:00 PDT

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The Corporate Manslaughter and Corporate Homicide Act 2007 comes into force on the 6th April 2008. The Act creates an offence which means that an organisation that causes death by gross negligence can be prosecuted.

The Act applies across the UK to a wide range of organisations which includes, NHS bodies, GP partnerships and out-of hours providers.

Dr Stephanie Bown says: "The offence created by this Act is aimed at cases where the failures lie across the organisation, and it is the organisation that can be prosecuted not the individual doctor. It does not increase the criminal liability of individual doctors or dentists who remain liable under existing Health and Safety legislation and the common law of manslaughter.

"In order to convict an organisation under the Act, the prosecution must prove that shortcomings in the management and organisation by its senior management, have substantially contributed to the breach of duty of care that has cause the fatality.

"A duty of care exists between employers and employees and service providers and their customers. Should your organisation be the subject of an investigation you should contact MPS for further advice."

Medical Protection Society