Corporate Manslaughter and Corporate Homicide Act 2007

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Creates the offence of corporate manslaughter (corporate homicide in Scotland). An organisation is guilty if the way in which its activities are managed or organised causes a death and amounts to a gross breach of a relevant duty of care owed to the deceased. A substantial element of the breach must be in the way senior management managed or organised activities.

Pwyntiau allweddol

• Offence of corporate manslaughter — organisation's activities managed in a grossly negligent way causing death (s.1)
• Senior management element — a substantial element of the breach must be attributable to the way senior management managed or organised activities (s.1(3))
• Relevant duty of care — includes employer duties, occupier duties, duties in connection with supplying goods/services, and construction/maintenance activities (s.2)
• Unlimited fine — no imprisonment (organisation-level offence only) (s.1(6))
• Remedial orders — court may order steps to remedy the breach (s.9)
• Publicity orders — court may require the organisation to publicise its conviction (s.10)
• Replaces common law offence of corporate manslaughter based on identification principle

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