Sentencing for corporate manslaughter

Published by a UUÂãÁÄÖ±²¥ Corporate Crime expert
Practice notes

Sentencing for corporate manslaughter

Published by a UUÂãÁÄÖ±²¥ Corporate Crime expert

Practice notes
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The Sentencing Council has published an offence-specific sentencing guideline for Corporate manslaughter which, pursuant to section 59 of the Sentencing ACT 2020 (SA 2020), also known as the Sentencing Code, courts must follow when sentencing corporate defendants for offences of corporate manslaughter unless it would be contrary to the interests of justice to do so. This sentencing guideline does not extend to Scotland or Northern Ireland although the sentencing courts in these jurisdictions may have Reference to them to assist them in their sentencing role. See Practice Note: Sentencing health and safety cases in Scotland.

The SC also publishes a number of overarching guidelines, which should be considered in respect of all sentencing exercises, see Practice Note: Sentences imposed following conviction. Among these, the General guideline—overarching principles (the General guideline) is specifically designed to be used in conjunction with offence-specific guidelines and covers seriousness as well as providing expanded explanations for aggravating and mitigating factors, culpability and harm, see Practice Note: Sentencing Council General Guideline—overarching principles—Using the General Guideline in conjunction with offence-specific definitive guidelines. See further,

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Jurisdiction(s):
United Kingdom
Key definition:
Corporate manslaughter definition
What does Corporate manslaughter mean?

An organisation is guilty of corporate manslaughter if the manner in which its functions are managed or organised causes a person's death and amounts to a gross breach of the relevant duty of care owed by the organisation to the deceased.

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