We understand the severe reputational and financial damage that a corporate manslaughter conviction can impose.

By advising and representing your organisation from the outset of an incident, we provide the necessary support when dealing with the police, regulatory enforcement officers, and the media.

Additionally, we will gather evidence and construct a robust defence should prosecution occur. You can trust that our specialist Corporate Manslaughter Solicitors will handle your case with skill and determination while maintaining sensitivity towards the victims’ families and affected employees.

Based in our city centre offices in Nuneaton, we are a diverse, multi-lingual law firm that uses cutting-edge technology to provide clients with streamlined, modern, and highly effective criminal defence. Our solicitors have extensive experience in criminal law, enabling us to establish relationships with some of the UK’s top Barristers and King’s Counsel. Our clients also benefit from our ability to instruct the country’s most respected expert witnesses, who can present crucial facts to the Court to support a not guilty plea or mitigate sentencing.

Common Questions About Corporate Manslaughter

When is a company guilty of corporate manslaughter?

The Corporate Manslaughter and Corporate Homicide Act 2007 (CMCHA 2007) allows corporate bodies to be prosecuted for manslaughter if their regulatory breaches result in death.

To prove corporate manslaughter, the Prosecution must demonstrate:

• That the company’s management or organisational activities caused the victim’s death;
• That the death resulted from a gross breach of the duty of care owed by the company to the victim; and
• That senior management’s actions or omissions were a substantial element of the breach.

What is meant by ‘gross breach’?

A gross breach is a breach that falls significantly below the expected standard of care. When determining whether a breach is gross, the jury must consider:

• Whether the company violated health and safety laws;
• The seriousness of the management failure; and
• The risk of death resulting from the breach.

The jury may also consider other factors, such as any particular practices within the organisation that led to the breach.

What are the penalties for Corporate Manslaughter?

Corporate manslaughter cases are only tried in the Crown Court. The Prosecution must prove the company’s guilt beyond reasonable doubt.

In February 2010, the Sentencing Guidelines Council (SGC) published guidelines for sentencing corporate manslaughter and health and safety offences causing death. The Court will consider the following questions when determining a sentence:

• How foreseeable was the serious injury?
• How severe was the breach?
• Is there a history of similar breaches?
• How far up the organisation does the breach extend?

The Court will also identify any aggravating or mitigating factors, such as:

• Aggravating factors: multiple deaths, failure to heed warnings, cost-cutting at the expense of safety, deliberate non-compliance with licences, and harm to vulnerable persons.
• Mitigating factors: prompt acceptance of responsibility, high-level cooperation with the investigation, efforts to remedy the breach, a good safety record, and a responsible attitude to safety.

In addition to imposing fines, the Court can order the publication of the corporate manslaughter conviction details and make a Remedial Order, requiring the company to address the management failures.

Fines for corporate manslaughter can be substantial, so it is crucial to seek advice from an experienced Corporate Manslaughter Solicitor to ensure all mitigating factors are clearly presented to the Court.

Why Choose Us?

Our full Criminal Defence Department can call on a wide range of expertise to develop a robust strategy to close down an investigation quickly or defend a prosecution. Our Solicitors are knowledgeable, trustworthy, and results-driven, and can support your in-house legal team and senior management.

Regardless of the charges against you, you are entitled to a criminal defence. We do not judge our clients; our sole aim is to defend you against the Prosecution’s allegations. By instructing us, your chances of acquittal or a reduced sentence are greatly enhanced. The key is to contact us as soon as you become aware of any regulatory investigation or criminal allegations.

Cocks Lloyd Solicitors provides exceptional Corporate Manslaughter Solicitors and Business Crime & Regulatory Investigation services to clients. People choose and recommend us not just in Nuneaton, Tamworth, Atherstone, Hinckley and Leicester, but across Warwickshire, Staffordshire, Leicestershire and the West Midlands, and the whole of the UK, because we get results.

To receive expert advice and representation regarding Corporate Manslaughter Solicitors and Business Crime & Regulatory Investigation, please contact us using the form below, call us on (0247) 6641642, email via the Request a Callback form on this contact page.