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Exemptions to the Corporate Manslaughter/Homicide Act 2007
No prosecution can take place in the following circumstances:
- where the death is a result of high level policy decision involving the allocation of resources made by a public authority;
- a death which is the result of activities that only the state can uniquely perform (i.e granting of certain licenses, diplomacy etc.). This exemption does not include a death of a member of staff or involves the organisation’s responsibilities as an occupier;
- ambulance or fire or rescue services, where the death is of a member of the public due to how an emergency response was carried out (other than in the nature of medical care provided);
- where the death is the result of the MOD undertaking any military operations (or preparatory activities or hazardous training activities in relation to them), even if the death involves a soldier;
- where the death is the result of a public authority undertaking statutory inspections, a local authority undertaking its child protection responsibilities or a probation board undertaking its supervisory responsibilities - and the death is not that of a member of staff or does not relate to occupier responsibilities;
- where the death is the result of the police force (or other public authority undertaking these functions) involving any policing or law enforcement activity – and the death is not that of a member of staff or relates to occupier responsibilities .
There are few exemptions for commercial organisations unless the death is the result of it carrying out activities whilst functioning as a public authority (in which case it has the same exemptions as public authorities have above), or if the commercial organisation is carrying out ambulance services on behalf of an NHS Trust etc, and a death takes place in the course of responding to an emergency. Private security firms do not have the same exemptions as police forces.
To understand the details of the exemptions, see CCA's guidance: click here
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