Q1069: Following a fatality, can directors and senior managers be prosecuted under the Corporate Manslaughter and Corporate Homicide Act 2007?

No, although individuals can be prosecuted for common law manslaughter by gross negligence. The introduction of the Act is, however, likely to lead to greater focus on management failures in fatality investigations involving organisations, and this focus may result in more prosecutions involving individuals (particularly directors and managers) under the statutory provisions within the Health and Safety at Work etc Act 1974.