MoJ confirms manslaughter publicity order

The Ministry of Justice has confirmed arrangements for implementing section 10 (‘publicity orders’) of the Corporate Manslaughter and Corporate Homicide Act 2007.

Any organisation guilty of the offence is potentially liable to an unlimited fine, a remedial order requiring it to take steps to address the failures behind the death, and, from 15 February 2010, a publicity order, requiring it to publicise details of its conviction and sentence.

Section 10 of the Act sets out a new type of order that the court can make in respect of organisations convicted of corporate manslaughter/homicide.

It means that the court may make a ‘publicity order’ requiring an organisation to publicise in a specified manner:

(a) the fact that it has been convicted of the offence;

(b) specified particulars of the offence;

(c) the amount of any fine imposed; and

(d) the terms of any remedial order made.

Commenting on the implementation of Section 10, Roger Ball, commercial motor manager at Allianz, said: "The introduction of a publicity order to the Act is another compelling reason for organisations to enforce effective and continuous risk management programmes. The publicity order should provide a greater deterrent to large companies who are well-placed to cope with the current financial implications of prosecution.

"However, in competitive markets, with a difficult economic climate and thin profit margins, businesses can ill afford to risk their reputation by cutting corners on their health and safety responsibilities."

The first prosecution under the Corporate Manslaughter and Corporate Homicide Act, involving Cotswold Geotechnical Holdings Ltd, is due to commence in the next couple of weeks.