Details
- Analyses each element of the new statutory offence of corporate manslaughter
- Details the principles of common law negligence that underpin the relevant duty of care and discusses the potential impact on individual manslaughter by gross negligence
- Identifies where difficulties may arise with law and procedure, both during investigation and prosecution for any offence
- Includes a copy of the Act, plus Ministry of Justice Guidance
The Blackstone's Guide Series delivers concise and accessible books covering the latest legislative changes and amendments. Published soon after enactment, they offer expert commentary by leading names on the effects, extent and scope of the legislation, plus a full copy of the Act itself. They offer a cost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes.
The Corporate Manslaughter Act 2007 establishes a statutory offence of manslaughter through gross negligence for organizations whose acts or omissions, in breach of a duty of care, cause the death of a person. It has swept away the common law and provided for an offence, liability for which is part decided by the judge and part by the jury at trial. For the first time, Crown immunity has been removed and named departments and government bodies can face prosecution where such a death has occurred.
This book covers in detail all the elements of the new offence and provides a full, clear analysis both of the Act and the common law principles involved in determining the existence of a relevant duty of care. It will be of benefit to all legal practitioners and others advising organizations on the impact of the new offence and upon potential liability for corporate manslaughter. Its logical style and careful analysis of the provisions make it an essential purchase for all those involved in a corporate manslaughter investigation or subsequent prosecution.
1: Introduction: The Act, Its History, and the Common Law
The Corporate Manslaughter and Corporate Homicide Act 2007
The Common Law
Common Law Gross Negligence Manslaughter
The Need for Reform
History of the Act
2: The Offence and the Organizations Subject to the Act
Overview
The Offence
Element 1: By an Organization Subject to the Act
Element 2: The Organization Owed a Relevant Duty of Care to the Deceased
Element 3: The Way in which the Organization's Activities are Managed or Organized: Causation and Breach
3: The Relevant Duty of Care I: A Question of Law Founded upon the Common Law of Negligence
Overview
Relevant Duty of Care: a Judicial Determination of Law and Fact
The Existence of a Duty of Care in Negligence
4: The Relevant Duty of Care II: The Meaning and Categories of Relevant Duty of Care
Overview
Meaning of 'Relevant Duty of Care'
Work, The Duty Owed to Employees and Other Workers: s 2 (1) (a)
The Duty as an Occupier of Premises: s 2 (1) (b)
Duties Owed 'In Connection with' Various Activities: s 2 (1) (c)
The 'Custody' Duty of Care: s 2 (1) (d)
5: The Relevant Duty of Care III: The Exemptions in Sections 3-7
Overview
Public Policy Decisions, Exclusively Public Functions, and Statutory Inspections
Military Activities
Policing and Law Enforcement
Emergencies
Child Protection and Probation Functions
6: Committing the Offence: Causation and Breach of Duty
Overview
Management Failure, Breach, and Senior Management
The Way in which the Organization's Activities are Managed or Organized Caused the Death: s 1 (1) (a)
'The Way in which its Activites are Managed or Organised' Amounted to a Gross Breach of that Relevant Duty of Care: s 1 (1) (b)
Gross Breach: the Jury Factors in s 8
The Senior Management Requirement
7: Sentence and Orders Upon Conviction
Overview
Sentence by way of Fine
Remedial Orders and Publicity Orders
8: Investigation and Representation
Overview
The Investigation of Corporate Manslaughter
Representation
APPENDICES
Appendix 1: Appendix 1 - The Corporate Manslaughter and Corporate Homicide Act 2007
Appendix 2: A Guide to the Corporate Manslaughter and Corporate Homicide Act 2007
Richard Matthews, Barrister, 2 Bedford Row
""It is an excellent analysis of what is proving to be a highly complex piece of legislation." Stephen O'Doherty, Crown Prosecution Service"
