Burt Brill & Cardens are highly experienced corporate manslaughter defence solicitors in Brighton. If your company or organisation is under investigation following a fatality then we can represent you.
Call us or email us to discuss your situation and allow our expert solicitors to help. The Initial consultation is free so call now on 01273 604123 or email us.
Corporate Manslaughter Solicitors
Our solicitors have the experience and expertise to represent you during any aspect of a corporate manslaughter investigation including any court hearings. Burt Brill & Cardens will review all the details of the case and provide you with a comprehensive understanding of the situation.
We will thoroughly investigate your company’s systems and processes for managing yffety and how these were operated in terms of the fatality. The prosecution need to prove that the breach had more than minimal contribution to the death. We will also pay particular attention to senior management as the prosecution needs to prove a substantial part of the failure at this level within the organisation.
Our highly experienced solicitor advocate Cerys Sayer is available to represent you in relation to:
- On-site investigations including interviews
- Representation in Court
- In Corporate manslaughter and vehicle cases including company cars
Corporate Manslaughter Act 2007
The UK Corporate Manslaughter and Corporate Homicide Act came into force in 2008. Under the Act, companies and organisations can be found guilty of corporate manslaughter when senior management failures result in a gross breach of a duty of care. The Act sets out the criminal liabilities of an organisation when a health and safety management failing causes someone’s death. There are some exemptions where corporate manslaughter does not apply such as military and police activities. Individuals can still be prosecuted under general criminal law as well as Health and Safety legislation.
Corporate Manslaughter investigations
The police and the Health and Safety Executive (HSE) collaborate on an investigation that aims to determine if your organisation’s policies or lack of policies contributed to the fatality. They will carry out interviews and collect witness statements on-site to work out how seriously your company has taken its health and safety obligations and to determine if any failures led to the fatality.
Corporate Manslaughter convictions
If convicted, your organisation can face unlimited fines. New sentencing guidelines that came into effect in February 2016 allow for higher corporate manslaughter fines as well as widening their range. The recommended fines now span from £180,000 up to £20 million, depending on the size of the organisation and the level of culpability.
The Court requires comprehensive information from companies in order to assess their financial status so that the fines can have “a real economic impact.” This is because the fines are designed to stress the need to senior management of providing a safe environment for workers. These fines can be large enough to put companies out of business. Courts can also make organisations publicise details of any convictions and fines as well as issue orders to make companies take steps to address the failures that lead to the fatality.
Why Choose Burt Brill & Cardens
Cerys Sayer is a solicitor advocate specialising in corporate law, with particular experience in defending organisations in corporate manslaughter cases. She will personally act for your company from the outset to the conclusion of the case, giving the consistency and confidence you require. If your organisation or company faces criminal action due to a fatality then Cerys will guide you through every step of the process and ensure you have the strongest defence.