News Article

Key features of the new corporate manslaughter law


Posted by | Date Posted 09.08.2007 | Time Posted 10:29:42 | Views: 547

Under the new law companies, organisations and, for the first time, Government bodies face an unlimited fine if they are found to have caused death due to their gross corporate health and safety failures. In turn, employees of companies, consumers and other individuals will be offered greater protection against corporate negligence.

The Government hopes that the new law will "focus the minds of those in companies and other organisations by ensuring that they take health and safety obligations seriously".

The Corporate Manslaughter Act:

- will make it easier to prosecute companies and other large organisations when gross failures in the management of health and safety lead to death by delivering a new, more effective basis for corporate liability

- has reformed the law so that a key obstacle to successful prosecutions has now been removed because both small and large companies can be held liable for manslaughter where gross failures in the management of health and safety cause death, not just health and safety violations

- complements the current law under which individuals can be prosecuted for gross negligence manslaughter and health and safety offences, where there is direct evidence of their culpability

- has been designed to complement existing health and safety legislation so the new offence does not impose new regulations on business

- lifts Crown immunity to prosecution meaning that Crown bodies such as Government departments will be liable to prosecution for the first time

- will apply to companies and other corporate bodies, in the public and private sector, Government departments, police forces and certain unincorporated bodies, such as partnerships, where these are employers.


Published in sections: Health and Safety ::

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