Corporate Manslaughter and Corporate Homicide Act 2007

Podsumowanie

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.

Kluczowe punkty

• 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
• Organisation guilty if the way its activities are managed causes death and amounts to a gross breach of duty of care (s.1)
• A substantial element of the breach must be attributable to senior management (s.1(3))
• Applies to corporations, government departments, police forces, partnerships (s.1(2))
• Unlimited fines (s.1(6))
• Court may impose publicity orders requiring the organisation to publicise its conviction (s.10)
• Court may impose remedial orders requiring the organisation to remedy the breach (s.9)

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