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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

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Corporate Manslaughter

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  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

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