Work to create a new corporate manslaughter law in Jersey has been delayed – and may not come before the States Assembly for a vote until after the next election in 2026.
Corporate manslaughter laws hold businesses or organisations responsible when their management failures lead to a person’s death.
Instead of prosecuting an individual, the law targets the company itself, typically resulting in fines rather than prison sentences.
News of the delay was confirmed this week by Home Affairs Minister Mary Le Hegarat, who was pressed by Deputy Hilary Jeune this week on why Jersey has not yet introduced corporate manslaughter legislation despite its adoption in other jurisdictions.
Responding, Deputy Le Hegarat said that the Government had decided to focus its efforts on implementing recommendations from a piece of research on violence against women and girls.
She explained that work began in 2023 to develop a domestic offence broadly aligned with the UK’s Corporate Manslaughter and Corporate Homicide Act 2007.
Initial instructions were developed in September 2023, the Deputy said, but outstanding questions remained – including how to address challenges unique to a small jurisdiction such as Jersey, where offending organisations may be monopoly service providers or branches of larger entities based elsewhere.
According to the Minister, work was underway to resolve these issues in early 2024, but resources were then “redirected to meet the commitment of this government to press all recommendations of the task force on violence against women and girls.”
As a result, corporate manslaughter legislation has been postponed.
Deputy Jeune pressed the Minister on whether existing legislation sufficiently addresses corporate accountability for fatalities, and said she was “disappointed to hear the minister has deprioritised such important work”.
The Minister responded by saying that existing legislation in Jersey already allows for some level of corporate accountability for fatalities, meaning there are legal ways to hold companies responsible if their actions (or lack of) lead to someone’s death.
However, these laws are not as clear-cut or comprehensive as a dedicated corporate manslaughter law, which would create a specific framework for prosecuting organisations in such cases.