What do the prosecution have to prove to convict for corporate killing?
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The Bill is very precise; There are two elements to the Crime:
That a management failure by the corporation is the cause or one of the causes of a person's death;
a That "failure" constitutes professional conduct falling far below what could reasonably be expected of a corporation in the circumstances.
The Bill has two further stings in its tail: a There will be a management failure by the corporation if the way in which its activities are managed or organised fails to ensure the health and safety of persons employed in, or affected by, those activities;
Such failure may be regarded as the cause of a person's death, notwithstanding that the immediate cause is the act or omission of an individual.
Those two phrases will, quite rightly, cause huge worries to any fleet operator. Any fatal accident involving a CV will be viewed by any prosecuting authority or jury against the background of the haulage industry.
When you obtain an Operator's Licence you sign an application form. On that form you will have to give various undertakings, including a promise that you will ensure: a Your vehicles are maintained in a fit and roadworthy condition;
Your vehicles will not be overloaded;
AI Your drivers will not speed; a Your drivers will comply with the hours and records regulations.
These undertakings are given by a member of management. Failure to comply with any of them would fall within the concept of "a management failure by a corporation".