COMMENT
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The Law Commissioners have made recommendations on corporate manslaughter and the Home Secretary is considering a change in the law. However, recent decisions of the courts show that the existing law has the teeth to secure convictions of operators who do no maintain proper systems. Under the current law on • manslaughter the prosecution only has to prove gross negligence by someone who can be treated as the "brains' of the company. Convictions following the Lyme Bay tragedy and Jacksons Transport of Ossett show that juries are willing to find defendants guilty on the basis of gross negligence. Operators, be they limited companies, partnerships or sole traders, should beware of complacency. The change in the law may be made, but as the law stands directors, transport managers, fleet engineers, mechanics and drivers can all be convicted of manslaughter if the jury believes that death resulted from negligence which is gross enough to be regarded as criminal. The term "corporate manslaughter" is regularly misused. An individual cannot be convicted of corporate manslaughter: this charge applies only to limited companies. If you are grossly negligent in the course of your job and a death results, you could be convicted of manslaughter. Be warned: this will normally lead to a prison sentence.