A comparison of the previous corporate manslaughter laws in the UK and the problems associated with it, with the current Corporate Manslaughter and Homicide Act of 2007.
Abstract This paper discusses corporate manslaughter law in the United Kingdom. It looks at the causes of corporate manslaughter, such as gross negligence or failure of management to introduce and maintain basic safety standards. The paper discusses the previous laws and their regular failure to protect the worker. It then looks at the Corporate Manslaughter and Homicide Act of 2007 and the harsher penalties that it dictates.
Table of Contents:
Introduction
Previous Laws
Controlling Mind
Corporate Manslaughter & Homicide Act 2007
Duty of Care
Harsher Penalties
Conclusion
From the Paper "The new legislation serves to highlight and re-enforce the importance of addressing health and safety issues at a high level. Directors and other "senior management" should take the opportunity to review the management of, and responsibilities for, health and safety in their own organizations and ensure they have appropriate and effective health and safety processes. The good news is that the explanatory notes to the Bill state: "There is no question of liability where the management of an activity includes reasonable safeguards and a death nonetheless occurs". With the provisions of the Act not due to come into force until April of next year, there is time yet for organizations to address any shortcomings in their governance structure, policies and systems. It must be recognized, however, that company-wide attitudes and accepted practices may take more time to change."
