Supporting you through corporate manslaughter allegations

At Smalleys Solicitors LTD, we understand the reputational and financial damage a corporate manslaughter conviction can impose.

From the start of an incident, our specialists will provide the support you need when answering questions from the police, regulatory enforcement officers, and the media. We will gather evidence and build a robust defence should prosecution occur. Our specialist Corporate Manslaughter Solicitors handle your matter with skill and tenacity while maintaining compassion for the family of the victim/s and traumatised employees.

Located in our offices in Nottingham, we are a diverse, multi-lingual law firm that uses best-in-class technology to deliver streamlined, modern, and highly effective criminal defence. Our solicitors have extensive experience in criminal law, fostering relationships with some of the UK’s best Barristers and King’s Counsel. Our clients also benefit from our ability to instruct the country’s most respected expert witnesses who can provide the court with facts required to support a not guilty plea or mitigate the sentence handed down by the Judge.

When is a company guilty of corporate manslaughter?

Under the Corporate Manslaughter and Corporate Homicide Act 2007 (CMCHA 2007), a corporate body can be prosecuted if regulatory breaches result in death. The Prosecution must prove:

• The company’s management or organisation of activities caused the victim’s death.
• The death resulted from a gross breach of the duty of care owed by the company.
• Senior management’s conduct was a substantial element of the breach.

What is meant by ‘gross breach’?

A gross breach significantly falls below the duty of care expected in the same circumstances. The jury must consider:

• Whether health and safety laws were breached.
• The seriousness of the management failure.
• The risk that death could occur.

Additional factors like organisational practices leading to the breach may also be considered.

What are the penalties for corporate manslaughter?

Only triable in the Crown Court, the burden of proof lies with the Prosecution to prove guilt beyond reasonable doubt. Sentencing guidelines from the Sentencing Guidelines Council consider factors such as the foreseeability of injury, breach severity, and organisational history of similar breaches.

Penalties include significant fines, publicising the conviction, and Remedial Orders to address management failures. Mitigating factors can reduce sentences, such as prompt responsibility acceptance and genuine remedial efforts.

Why choose us?

Our full Criminal Defence Department offers wide-ranging expertise to devise strategies to close investigations quickly or defend prosecutions. Our smart, trustworthy, and results-driven solicitors support your in-house legal team and senior management.

Regardless of the charges, you are entitled to a criminal defence. We do not judge; our objective is to defend you against the Prosecution’s allegations. Early contact upon awareness of a regulatory investigation or criminal allegations improves your chances of acquittal or a reduced sentence.

Smalleys Solicitors provides exceptional Corporate Manslaughter and Business Crime & Regulatory Investigation services to clients. People choose and recommend us not just in Nottingham, Arnold, Hucknall, Derby and Mansfield, but across Nottinghamshire, Derbyshire, Leicestershire & the East Midlands, and the whole of the UK, because we get results.

To receive expert advice and representation regarding Corporate Manslaughter and Business Crime & Regulatory Investigation, please contact us using the form below, call us on (0115) 955 6555, email via the Request a Callback form on this contact page.