Corporate Manslaughter and Corporate Homicide Act 2007

Corporate Manslaughter and Corporate Homicide Act 2007 – A Guide

Corporate Manslaughter and Corporate Homicide Act 2007 – A Guide

Introduction The 2007 Corporate Manslaughter and Corporate Homicide Act puts the law on corporate manslaughter (in Scotland, corporate culpable homicide) onto a new footing, setting out a new statutory offence. 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 addresses a key defect in the law that meant that, prior to the new offence, organisations could only be convicted of manslaughter (or culpable homicide in Scotland) if a “directing mind” at the top of the company (such as a director) was also personally liable. The rea... »