Corporate manslaughter legislation update

Report: 12
Date: 13 September 2010
By: Director of Human Resources on behalf of the Commissioner and the Chief Executive

Summary

This report provides an update in relation to the corporate manslaughter legislation.

A. Recommendation

That members note the contents of this report.

B. Supporting information

Corporate Manslaughter and Corporate Homicide Act 2007

1. The Corporate Manslaughter and Corporate Homicide Act 2007, which came into force on 6 April 2008, introduced a new statutory offence of corporate manslaughter (corporate homicide in Scotland) where serious failures in the management of health and safety by the senior managers of an organisation result in a fatality. The Act applies to companies, Crown bodies such as Government departments and some non-corporate entities including police forces.

2. The Act does not introduce new regulatory standards in respect of health and safety. It is designed to secure in a wider range of cases and conviction for a specific, serious criminal offence, which properly reflects the gravity, and consequences of the conduct involved. Whilst the Act applies to the police, it contains broad exemptions in respect of policing activities and (until the duty owed to those in custody comes into effect (see paragraph 9) operates to exclude circumstances where the pursuit of such activities has resulted in a fatality to a member of the public.

3. The Sentencing Guidelines Council, produced guidance on corporate manslaughter and health and safety offences causing death in February 2010. In terms of determining a fine, the Sentencing Guidelines Council has indicated that it will seldom be less than £500k. The guidelines go on to say that the effect of the fine upon the provision of services to the public will be relevant. Although a public organisation such as a police authority or police force must be treated the same as a commercial company where the standards of behaviour to be expected are concerned and must suffer a punitive fine for breach of them, a different approach to determining the level of fine may well be justified.

4. Prior to the introduction of the Act, the MPS formed a working group under Commander, Directorate of Professional Standards (DPS). The working group looked at the impact that this legislation was likely to have on the MPS in terms of investigative workload and any corporate vulnerabilities. A summary briefing of this work was presented to the MPA Corporate Governance Committee (CGC) on 12 June 2008 in their quarterly H&S briefing paper. The following paragraphs provide an update of MPS and MPA activity.

5. Since 2008, Specialist Crime 1 - Homicide and serious Crime (SCD1) report that there have been only a ‘handful’ of cases involving in depth investigative support with the Health and Safety Executive (HSE). The Traffic Operational Command Unit (CO15) report there have been some 70 cases where the traffic related investigation is over and above the standard. Of these 70 cases, 4 were referred to the Crown Prosecution Service (CPS) to consider corporate manslaughter issues, but none resulted in advice to prosecute.

6. The Health and Safety element of the Corporate Risk Register was reviewed in consultation with the Head of Business Risk in July 2010 and is to be submitted for approval by the Director of HR and MPS Governance Board. This work involved a review and validation of the relevant risk management bow tie which includes the potential for health and safety failure which could be considered under the Corporate Manslaughter and Corporate Homicide Act 2007. This updated work will be submitted for endorsement at the MPS Strategic Health and Safety Committee in September and at the MPS Governance Board by the end of the year.

7. Corporate manslaughter continues to also be included in relevant Crime and safety related training including, where appropriate, the distribution of the MPS Question and Answer booklet on corporate manslaughter.

8. Property Services have reviewed their safety management system and confirm that adequate and suitable arrangements are in place to comply with this legislation. They undertake to ensure that the condition of buildings, premises and other worksites occupied by MPS/MPA comply with statutory requirements. This duty will also be applicable to products or services supplied to property services customers. Robust monitoring and audit procedures have been developed to ensure ongoing compliance.

9. The majority of the Act was implemented on 6 April 2008, with the exception of section 2(1)(d) which covers the duty of care a custody provider owes to a person who is detained. It was envisaged that because of the significant number of organisations this affected, e.g. to allow a ‘lead in’ time to implement ACPO’s Safer Detention Guidance, this provision would be implemented by April 2011. This remains the intention.

C. Other organisational and community implications

Equality and diversity impact

1. There are no immediate implications on equality and diversity arising from this report. The team will monitor all health and safety matters, including MetAir statistics, to determine whether there is any disproportionate impact on any particular group, and, where there is, take appropriate action.

Consideration of MET Forward

2. Ensuring that there are appropriate checks and balances, with regards to health and safety policy and procedures, are in place will maintain the public trust and confidence in the police. This requires committed leadership and the appropriate training to ensure standards are met and maintained – key components of the Met People work strand in Met Forward ’

Financial implications

3. There are no immediate financial implications from this report.

Legal implications

4. The information in this report assists the MPA in the performance of its duties under Health and Safety legislation and of its strategic oversight role as set out in the joint MPA/MPS Corporate Health and Safety Policy.

Environmental implications

5. There are no immediate environmental implications from this report.

Risk implications

6. At the time of reporting there are no immediate significant health and safety implications arising from this update report.

D. Background papers

None

E. Contact details

Report author: Nick Kettle, Head of Safety and Health Risk Management Team, MPS and Alan Johnson MPA.

The following Departments were also consulted and contributed to the production of this paper - SCD 1 (Specialist Crime 1 - Homicide and serious Crime), CO15 (Traffic Operational Command Unit), Crime Academy, Directorate of Legal Services and Property Services. 

For information contact:

MPA general: 020 7202 0202
Media enquiries: 020 7202 0217/18

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