The sentences that employers can expect to receive for gross negligence manslaughter have increased under new sentencing guidelines for England and Wales, published today.
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The Sentencing Council has drawn up comprehensive guildelines for manslaughter cases for the first time, covering everything from an assault to a workplace fatality caused by a negligent employer.
The body said that defendants found guilty in gross neglicence cases – where, for example, an employer’s long-standing and serious disregard for the safety of employees, motivated by cost-cutting, has led to someone being killed – are likely to see their sentences increase.
Current sentencing practice in these sorts of cases is lower in the context of overall sentence levels for manslaughter than for other types.
Gross negligence manslaughter occurs when the offender is in breach of a duty of care towards the victim which causes the death of the victim and amounts to a criminal act or omission. The circumstances vary greatly. In a work setting, it could cover employers who completely disregard the safety of employees.
A total of 10 offenders were sentenced for this offence in 2016.
More comprehensive guidance
The Sentencing Council said the guidelines ensure comprehensive guidance where previously it was very limited. Until now, there has been a guideline only for corporate manslaughter, which comes under the Council’s health and safety offences guideline, and a guideline by the Council’s predecessor body for manslaughter by reason of provocation, which is now out of date following legislative changes to the partial defences to murder.
Fines in corporate manslaughter cases are now proportional to company turnover, resulting in much bigger fines for some firms.
Sentencing Council member Lord Justice Holroyde said: “Manslaughter offences vary hugely – some cases are not far from being an accident, while others may be just short of murder. While no sentence can make up for the loss of life, this guideline will help ensure sentencing that properly reflects the culpability of the offender and the unique facts of each case.”
The guideline will come into force in courts on 1 November 2018.
Justice Minister Rory Stewart said: “Manslaughter is an extremely serious offence, causing immeasurable pain to families who lose their loved ones.
“So it is vital our courts have clear, consistent guidance in these often complex cases – such as when both individuals and employers are involved.
“These guidelines will make sure sentences reflect the severity of the crime, helping protect workers and keep communities safe.”
