AT THE HEART OF THE ROAD TRANSPORT INDUSTRY.

Call our Sales Team on 0208 912 2120

The Corporate Manslaughter and Corporate Homicide Act 2007, which became

18th December 2008
Page 33
Page 33, 18th December 2008 — The Corporate Manslaughter and Corporate Homicide Act 2007, which became
Close
Noticed an error?
If you've noticed an error in this article please click here to report it so we can fix it.

Which of the following most accurately describes the problem?

law in April, creates the new statutory offence in England, Wales and Northern Ireland of "corporate manslaughter', and in Scotland of "corporate homicde".

A company will be guilty of the new offence if the way in which its activities are managed or organised, by its "senior management" amount to a "gross breach" of the duty of care it owes to its employees, the public or other individual, and those failings caused the person's death. Large and small companies, including partnerships, face prosecution if they are found to have caused a person's death due to gross failure in the management of health and safety not just health and safety violations.

The Act does not impose new regulations on businesses. It complements the current Law under which individuals can still be prosecuted for gross negligence manslaughter and health and safety offences, where there is direct evidence of their culpability.

Sanctions include a fine with no statutory maximum (with guidelines of between 2% and 10% of annual turnover before tax) and remedial and publicity orders.

The RHA runs a half-day seminar on the new Act. Call training on 01733 261 456.

The Health and Safety Executive can offer businesses advice on developing and implementing effective health and safety procedures: www.nse.g0v.Uk Visit the Ministry of Justice: www.justice.gov.uk/guidancel manslaughteractguidance

Tags

Organisations: Ministry of Justice

comments powered by Disqus