1 / 11

Corporate Manslaughter

Corporate Manslaughter. Patrick Mullarkey Campbell Fitzpatrick Solicitors Belfast. Purpose of the talk . Corporate Manslaughter and Corporate Homicide Act 2007 - 6th April 2008 Government’s Motivation Progress of Legislation Statutory Provision ( What it actually says) Penalties

paul2
Download Presentation

Corporate Manslaughter

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript


  1. Corporate Manslaughter Patrick Mullarkey Campbell Fitzpatrick Solicitors Belfast

  2. Purpose of the talk • Corporate Manslaughter and Corporate Homicide Act 2007 - 6th April 2008 • Government’s Motivation • Progress of Legislation • Statutory Provision ( What it actually says) • Penalties • Questions

  3. Background • More people killed at work than in warfare • 40K UK(GB&NI) deaths between 1966-2006 • Average of 400 deaths per annum • Only 34 prosecutions, 7 convictions for previous offence • That’s 0.000175% of a success rate

  4. Background • Series of high profile disasters stirred Government action • Zeebrugge, Bradford City, Hillsborough, Kings Cross, Marchioness • Difficulties in securing conviction related to legal test • Need a “guilty” or “controlling” mind

  5. Background • “Controlling mind” test inadequate to deal with large corporate body • Directors/Management remote • Labour manifesto commitment • Law Commission report in 1996, consultation 2000, draft Bill 2005 • Bill received Royal Assent 27th July 2007

  6. The Law • The Corporate Manslaughter and Corporate Homicide Act 2007 • Section 1 of the Act sets out the details of the offence • Various elements to the offence; gross, breach of duty, activities managed/organised, senior management • Consider those separately

  7. Scope of the Legislation • Act applies to Companies, Public Bodies and even Partnerships • Public Bodies encompass NHS organisations • No Crown Immunity • Exemptions, total and partial, provided but unlikely to assist managers

  8. When will Conviction occur? • Reserved for the most serious cases • Management systems scrutinised for breach • Senior management identified by Act • Judges likely to apply inclusive definition • Delegation no defence, indeed could aggravate the offence • Management activities must be at fault

  9. Breach of Duty • Common law concept • Duty of Care owed as employer, occupier, provider of services • eg safe place of work , safe plant and equipment, reasonable medical care etc • Failure to comply leads to breach.

  10. “Gross” • Not simple negligence • Fall so far below what could reasonably be expected • Minor errors not enough • Conduct that demonstrates disregard for life and safety as to deserve criminal sanction

  11. Penalties and Sanctions • Unlimited fine • Remedial Order - Prosecution can ask for same to remedy a dangerous practice • Publicity Order - Not yet in place, guidance and guidelines being settled. Expected in Autumn 2008

More Related