The Corporate Manslaughter (Homicide) Act becomes law in the UK on 6 April 2008 The Act is one of the most significant legislative changes to corporate responsibilities since the principles of the modern company were crystallised in a case in 1373. The new law will apply not just to the UK’s 2.3 million companies but to partnerships, other employers like trade unions, and to some non-commercial organisations.
In summary, an organisation is guilty of the offence 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 to the deceased. A substantial part of the breach must have been in the way activities were managed by senior management.
The offence is concerned with the corporate liability of the organisation itself and does not apply to individual directors, senior managers or other individuals. Nor is it possible to convict an individual of assisting or encouraging the offence. However, individuals can already be prosecuted for gross negligence manslaughter/culpable homicide and for health and safety offences.
Read more about it here:
Download the Act here:
Download guides to the Act here and here.
In summary, an organisation is guilty of the offence 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 to the deceased. A substantial part of the breach must have been in the way activities were managed by senior management.
The offence is concerned with the corporate liability of the organisation itself and does not apply to individual directors, senior managers or other individuals. Nor is it possible to convict an individual of assisting or encouraging the offence. However, individuals can already be prosecuted for gross negligence manslaughter/culpable homicide and for health and safety offences.
Read more about it here:
Download the Act here:
Download guides to the Act here and here.
