Corporate Manslaughter
From 6 April 2008 new legislation means that companies, organisations and Government bodies face an unlimited fine if they are found to have caused death by gross failings in the corporate management of their duties of care.
The Corporate Manslaughter and Corporate Homicide Act 2007 creates an offence of corporate manslaughter in England, Wales and Northern Ireland, and an offence of corporate homicide in Scotland.
Under the act an organisation commits an offence if the way in which its activities are managed or organised:
- causes a person's death, and
- amounts to a gross breach of a relevant duty of care owed by the organisation to the deceased.
An organisation is guilty of an offence only if the way in which its activities are managed or organised by its senior management is a substantial element in the breach.
- FTA Compliance guide
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