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

No, individuals cannot be prosecuted under the Corporate Manslaughter and Corporate Homicide Act 2007, although they can be prosecuted for common law manslaughter by gross negligence. The focus of the Act on management failures in fatality investigations involving organisations, 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.