The first prosecution of a Public Body for the offence of Corporate Manslaughter under the Corporate Manslaughter and Corporate Homicide Act 2007 (CMCHA) will take place early next year.
A NHS Trust will face trial, along with two doctors accused of gross negligence manslaughter, following the death of a woman giving birth by emergency Caesarean in October 2012. The trial is due to begin on 11 January 2016.
While the CMCHA specifically allows for the prosecution of public bodies, this is the first time since the Act was introduced that it has taken place.
The Prosecution will allege that:
- The Trust managed or organised its activities in a way which caused the death
- The death was the result of a gross breach of a relevant duty of care owed to the deceased
- The manner in which senior management managed or organised the activities is a substantial element of the breach
We will follow the proceedings and keep you updated.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
